California paid sick leave law
The short answer
California paid sick leave: under an accrual plan employees earn at least one hour of paid sick leave for every 30 hours worked (employers may use another regular accrual schedule or front-load instead). (Cal. Labor Code § 246) Employers may cap an employee's total accrued paid sick leave at 80 hours or 10 days (whichever is more). (Cal. Labor Code § 246) Employers may limit an employee's use of paid sick leave to 40 hours or five days per year (whichever is more), the minimum they must allow since January 1, 2024. (Cal. Labor Code § 246)
Last verified Sep 24, 2026 · How we verify every rule
General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.
Paid sick leave
Do you have to give paid sick leave?Yes, statewideVerified Sep 24, 2026 · 2 official sources
Accrual: California paid sick leave: under an accrual plan employees earn at least one hour of paid sick leave for every 30 hours worked (employers may use another regular accrual schedule or front-load instead). (Cal. Labor Code § 246)
“(b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to”
“In general terms (and subject to some exceptions), employees under an accrual plan must earn at least one hour of paid sick leave for each 30 hours of work (the 1:30 schedule).”
leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources
Accrued balance cap: Employers may cap an employee's total accrued paid sick leave at 80 hours or 10 days (whichever is more). (Cal. Labor Code § 246)
“(j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section.”
“Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 10 days or 80 hours, whichever is more.”
leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources
Annual cap: Employers may limit an employee's use of paid sick leave to 40 hours or five days per year (whichever is more), the minimum they must allow since January 1, 2024. (Cal. Labor Code § 246)
“However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period.”
“Starting on January 1, 2024, an employer must allow an employee to use at least five days or 40 hours, whichever is more (refer to DLSE Opinion Letter 2015.08.07).”
leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources
Effective date: The current minimum of 40 hours or five days of paid sick leave per year applies from January 1, 2024. (Cal. Labor Code § 246)
“(4) Forty hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024.”
“Starting on January 1, 2024, employers must generally provide 5 days or 40 hours of paid sick leave to their employees in California.”
leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources
Employee eligibility: Employees who work in California for the same employer for 30 or more days within a year are entitled to paid sick leave (including part-time, per diem and temporary employees). (Cal. Labor Code § 246)
“(a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section.”
“All employees who work at least 30 days for the same employer within a year in California, including part-time, per diem, in-home supportive services (IHSS) providers, and temporary employees, are covered by this law with some narrow exceptions.”
leginfo.legislature.ca.gov · dir.ca.gov · verified Sep 24, 2026 · 2 official sources
What it means for an employer
- Put your sick leave policy in writing: accrual rate, yearly cap, carryover and how to request leave.
- Track accrued and used hours for each employee in payroll.
- Check the verified rules above for the employer size and employees covered.
The federal default
“There is currently no federal law guaranteeing access to paid sick leave, although many states and localities have passed paid sick leave laws.”
State rules can add to the federal default. The California rules above are the ones we verified; for anything not covered, ask the state labor office.
Paid sick leave: California and its neighbors
| State | Paid sick leave |
|---|---|
| California | Yes, statewide |
| Oregon | Yes, statewide |
| Nevada | Not verified |
| Arizona | Yes, statewide |
Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.
Related
Questions about California paid sick leave law
Do you have to give paid sick leave in California?
Accrual: California paid sick leave: under an accrual plan employees earn at least one hour of paid sick leave for every 30 hours worked (employers may use another regular accrual schedule or front-load instead). (Cal. Labor Code § 246) Accrued balance cap: Employers may cap an employee's total accrued paid sick leave at 80 hours or 10 days (whichever is more). (Cal. Labor Code § 246) Annual cap: Employers may limit an employee's use of paid sick leave to 40 hours or five days per year (whichever is more), the minimum they must allow since January 1, 2024. (Cal. Labor Code § 246) Effective date: The current minimum of 40 hours or five days of paid sick leave per year applies from January 1, 2024. (Cal. Labor Code § 246) Employee eligibility: Employees who work in California for the same employer for 30 or more days within a year are entitled to paid sick leave (including part-time, per diem and temporary employees). (Cal. Labor Code § 246)
Sources (3)
Checked Sep 24, 2026 · How we verify every rule · Report an error