California paid sick leave rules for employers
Reviewed Sep 24, 2026 2 official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
The answer
Yes: at least 40 hours or 5 days a year
Since January 1, 2024, a California employer may limit yearly use of paid sick leave to no less than 40 hours or five days, whichever is more, and may cap the total accrued balance at 80 hours or 10 days (Cal. Labor Code 246). Anyone who works 30 or more days for the employer within a year in California is covered. (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.”
What it means for California employers
California counts in two units at once, hours and days, and the larger one wins. That matters for long shifts: the Labor Commissioner (DLSE) notes that an employee on 10-hour days is entitled to use at least 50 hours, because five of those days is more than 40 hours. Someone on 6-hour days who takes five days (30 hours) still has 10 hours left to use. (California Labor Commissioner (DLSE), Paid Sick Leave FAQ)
Three separate limits apply and are easy to mix up: accrual (earned from hours worked), carryover (unused time moving to the next year) and use (what may be taken in a year). Under an accrual plan the balance may be capped at 80 hours or 10 days; use may be capped at 40 hours or five days. (Cal. Labor Code § 246)
Employers have a choice of method. The 1 hour per 30 hours worked schedule is the default. A different accrual schedule is allowed only if it gives at least 24 hours (or three days) by the 120th calendar day of employment and 40 hours (or five days) by the 200th. An up-front policy grants at least 40 hours or five days at the start of each year, with the same 120th and 200th day minimums for new hires. (Cal. Labor Code § 246)
For nonexempt staff, sick leave is paid at the regular non-overtime rate. The DLSE describes two ways to calculate it: the regular rate for the workweek in which the leave is used, or total non-overtime pay for the previous 90 days divided by non-overtime hours in that period. The employer must show available sick leave on the itemized wage statement or a separate writing given on payday; with unlimited PTO, writing unlimited is enough. (California Labor Commissioner (DLSE), Paid Sick Leave FAQ)
Exceptions and special cases
- Coverage is broad: part-time, per diem, temporary and in-home supportive services providers are included, and staffing agency workers are covered by whichever entity is the employer or joint employer. (Cal. Labor Code § 246)
- The DLSE lists narrow exclusions: flight deck and cabin crew who receive at least equivalent paid time off, retired annuitants working for public employers, railroad employees, and construction workers under a qualifying collective bargaining agreement. Other union agreements only partially exempt the employer when they provide paid sick days, overtime premium and a regular rate at least 30 percent above the state minimum wage. (California Labor Commissioner (DLSE), Paid Sick Leave FAQ)
- Local ordinances in some California cities require more leave, and the more generous rule applies. Since January 1, 2024, a local ordinance cannot contradict state law on lending leave, pay stub statements, rate calculation, notice for foreseeable leave, timing of payment, and payout at termination. (Cal. Labor Code § 246)
- An employer may require a new employee to wait 90 days before using sick leave (DLSE FAQ). A former employee rehired within 12 months gets unused accrued sick leave restored, unless it was PTO that was paid out at the earlier separation. (California Labor Commissioner (DLSE), Paid Sick Leave FAQ)
Worked examples
A nurse on 12-hour shifts
Five days of leave for this employee is 60 hours, which is more than 40, so a policy that stops use at 40 hours falls short. The employer's use cap for this nurse can be no lower than 60 hours a year. (Cal. Labor Code § 246)
A new hire who starts Monday, March 2, 2026 under a custom accrual schedule
The 120th calendar day of employment is Monday, June 29, 2026, and the 200th is Thursday, September 17, 2026 (counting the start date as day 1). By those dates the custom schedule has to have given at least 24 hours and 40 hours respectively. A 1 per 30 schedule does not need this check. (Cal. Labor Code § 246)
A seasonal worker who returns
A packing shed worker leaves in October 2026 with 14 unused sick hours and comes back in June 2027. That is within 12 months, so the 14 hours are restored when the worker is rehired. (California Labor Commissioner (DLSE), Paid Sick Leave FAQ)
How to act on it
Paid sick leave: California and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Statewide paid sick leave |
|---|---|
| California | Yes, statewide |
| Oregon | Yes, statewide (full page) |
| Nevada | Pending verification |
| Arizona | Yes, statewide (full page) |
Questions about California paid sick leave rules
How much paid sick leave does California require in 2026?
At least 40 hours or five days a year, whichever is more, the level in force since January 1, 2024 under Cal. Labor Code 246.
Can a California employer cap sick leave accrual?
Yes. The total accrued balance may be capped at 80 hours or 10 days, whichever is more; use in a year may be capped at 40 hours or five days.
Who qualifies for paid sick leave in California?
Anyone employed in the state by one employer for at least 30 days in a year qualifies, and that includes part-time, per diem and temporary staff.
Can new California employees be made to wait before using sick leave?
Yes, the DLSE says an employer may require a 90-day period of employment before sick leave is used.
Does a city sick leave ordinance override state law in California?
Where the local ordinance is more generous, the employer follows it. On lending leave, pay stubs, rate calculation, notice, timing of payment and payout at termination, state law prevails over a conflicting ordinance.
The verified rules behind this page (5)
- 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; verified Sep 24, 2026)
- 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; verified Sep 24, 2026)
- 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; verified Sep 24, 2026)
- 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; verified Sep 24, 2026)
- 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; verified Sep 24, 2026)
Note: Some California cities and counties have their own paid sick leave ordinances. Employers there must comply with both and give the more generous benefit; state law wins on a few listed topics, such as pay timing. (Cal. Labor Code § 245 et seq.; CA Labor Commissioner Paid Sick Leave FAQ)
Checked Sep 24, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. 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. Report an error