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California paid sick leave law

Every California employer must give at least 40 hours or 5 days of paid sick leave a year, by accrual (1 hour per 30) or front-loading.

Last checked: · Official government sources only

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Paid sick leave rules in California

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What it can be used for

Own or family member illness, diagnosis, treatment or preventive care; victims of qualifying acts of violence; and, since 2025, jury duty or court appearances under subpoena. Farmworkers may use it to avoid smoke, heat or floods. Source: dir.ca.gov↗ (opens in a new tab)

Notice and documentation

Give the posted notice and the Labor Code 2810.5 notice, show available leave on pay stubs, and do not deny leave just for lack of a doctor's note. Minimum increment can be no more than 2 hours. Source: dir.ca.gov↗ (opens in a new tab)

City and county laws

Some California cities and counties have their own sick leave ordinances. Where a local law is more generous, you must follow it. Source: dir.ca.gov↗ (opens in a new tab)

Who is not covered

Certain airline flight crew, railroad workers, retired government annuitants, and some union construction workers under qualifying contracts. Source: dir.ca.gov↗ (opens in a new tab)

Penalties

Withheld sick pay: the greater of 3 times the withheld amount or $250, up to $4,000. Other violations, such as firing: $50 per day, up to $4,000. Source: leginfo.ca.gov↗ (opens in a new tab)

Recent changes

From January 1, 2025, sick leave covers jury duty, subpoenaed court appearances and wider uses for victims of violence. From January 1, 2026, it also covers judicial proceedings related to certain serious crimes. The required poster was updated for 2026. Source: dir.ca.gov↗ (opens in a new tab)

The law and where to check

The law: Cal. Lab. Code §§ 245–249 (opens in a new tab)

The agency: California Labor Commissioner's Office (DLSE), Department of Industrial Relations (opens in a new tab)

What federal law says

No federal law requires private employers to give paid sick leave. Federal contractors must give up to 7 days a year under Executive Order 13706. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — EO 13706↗ (opens in a new tab)

Paid sick leave checklist for California employers

A simple order of work, based on the rules above. It is not a legal checklist.

  1. Check whether your business size is covered by the rule above.
  2. Set up accrual in your payroll or HR system (or front-load the yearly amount).
  3. Write a sick leave policy covering accrual, the cap, carryover, notice and documentation.
  4. Show each employee's balance where your state requires it.
  5. Check for city or county sick leave laws where your staff work.
  6. Keep records of time earned and used.

More California employment law guides

Paid sick leave laws in other states

See every state on one page, or pick a state:

Sources

All official government sources, last checked October 19, 2026.

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.

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