Working people in California have some of the strongest paid sick leave rights in the country. Still, we frequently get questions about who is eligible for paid time off related to illness, injury, and similar situations, and when they can actually take time off.
State law guarantees employees across California at least five days or 40 hours of paid sick leave every year. It also widely prohibits employers from denying sick leave requests or punishing workers for taking time off.
The law has been updated in recent years to expand the situations for which workers can use this leave, including caring for themselves and loved ones, appearing in court, and recovering from acts of violence. It also details how workers can accrue paid sick leave and the rules that employers can put in place to limit workplace distractions.
The sad fact is that many California employers either do not understand how the paid sick leave requirements work or simply refuse to comply with the law. This can create situations in which employees are discouraged or even prohibited from using paid time off to which they are legally entitled.
At Justice Law Corporation, our California employment class action attorneys help working people protect their rights on the job. That includes fighting for full pay, combating workplace discrimination and harassment, and ensuring that workers can use paid sick leave when they need it.
We are seasoned lawyers who have dedicated our careers to fighting for working people in California and Washington. Our strong track record of success for the people that we represent speaks for itself.
It is crucial that working people in California understand their legal rights and protections. Here is what you need to know about paid sick leave.
How Paid Sick Leave Works in California
At the heart of California’s paid sick leave law is a simple requirement: employees get at least five days or 40 hours off each year for illnesses, injuries, and related situations. The law was updated in 2024 to increase paid sick leave from 3 to 5 days.
The requirement is often described as 40 hours of paid sick leave per year, but that can lead to confusion. Workers get either 40 hours or 5 days, whichever is more. An employee who typically works 10-hour days, for example, is entitled to 50 hours of paid sick leave per year. Someone who usually works 6-hour days gets 40 hours of paid sick leave per year.
This does not mean that you have to take full days of paid sick leave at a time. Instead, you can use the time in chunks of hours for medical appointments and other covered purposes.
Most California employees, not just full-time workers, are entitled to paid sick leave. If you work at least 30 days for the same employer in a calendar year, then you are covered by the law. That includes seasonal and temporary workers, with some limited exceptions.
Protections against retaliation are a crucial part of the paid sick leave guarantee. The law bans employers from punishing workers for requesting or taking paid sick leave. Common forms of retaliation include:
- Firing
- Demotion
- Pay cuts
- Hours reductions
- Assignment changes
- Scheduling changes
- Poor performance reviews
- Denial of benefits
- Sudden enforcement of existing policies
Retaliation can include any materially adverse action that could dissuade a reasonable person from asserting their rights on the job.
Earning Paid Sick Days
The law gives employers some latitude to determine how workers accrue paid sick leave.
Some employers simply allot the full five days of sick leave in a lump amount that workers can use at any time. Others require employees to accrue paid sick leave throughout the year. This is permitted as long as workers accrue at least 1 hour of paid sick leave for every 30 hours worked. Employers must keep employees up to date on how much sick leave they have accrued, usually by listing it on pay stubs.
Some employers allow workers to take sick leave in advance of accrual and deduct the time from the final paycheck if the person leaves the job before the time accrues. Although advancing leave is permitted, employers are not required to allow employees to use sick leave before it has been accrued.
Paid Sick Leave is Not Just for Employee Illness and Injury
California employees have long had the right to use paid sick leave for diagnosis, care, or treatment of existing mental and physical health conditions, as well as preventive care for themselves. They can also use the time for a similar situation involving a family member, such as a:
- Spouse
- Child
- Parent
- Registered domestic partner
- Grandparent
- Grandchild
- Sibling
- Designated person
Recent updates make clear who counts as a family member and confirm that employees can also use leave for victims’ leave.
Employees can designate one additional person as a “family member” for paid sick leave purposes, even if they do not fall into one of the categories above. This includes extended blood relatives and those who have the equivalent of a family relationship with the worker. The worker must identify this person and attest that he or she meets the definition of a “designated person.”
For people who have been the victims of violence, you have the right to use paid sick time to ensure your health, safety, and welfare, as well as that of your children. You can also use the leave for similar purposes if a family member has been a victim of violence.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by preventing you from taking paid sick leave or in other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
