California employers must provide and allow employees to use at least 40 hours or five days of paid sick leave a year, whichever is more. That rule has applied since 1 January 2024, and employees can start using their leave after 90 days of employment.
I've taken this from the California Labor Commissioner's paid sick leave FAQs, read in October 2026. The detail most people get wrong is the whichever is more part, so I'll start with that. It decides how many hours a part-time or long-shift worker can take.
The core rules
| Rule | What the law requires |
|---|---|
| Minimum yearly use | 40 hours or five days, whichever is more |
| Accrual rate | At least 1 hour for every 30 hours worked |
| Use cap the employer may set | 40 hours or five days a year |
| Accrual cap the employer may set | 80 hours or ten days |
| Waiting period | 90 days of employment before using sick leave |
| Rehire within 12 months | Unused accrued leave must be restored |
Before 1 January 2024, employers could limit use to 24 hours or three days a year. If your policy still says three days, it's out of date.
What 40 hours or five days means
The Labor Commissioner's FAQs explain it with examples. An employer must allow at least five days or 40 hours, whichever gives the employee more. Someone who works 10-hour shifts can take five days, which is 50 hours. Someone who works 6-hour days and takes five days has used 30 hours, and still has 10 hours left to reach the 40-hour minimum. Those examples assume the employee has earned, or been given up front, the full amount.
Accrual or up front: two ways to provide it
Employers can choose between two kinds of policy:
- Accrual: employees earn sick leave over time, at least 1 hour for every 30 hours worked, and accrued time carries over into the next year. The employer can cap total accrued leave at 80 hours or ten days, and cap use at 40 hours or five days a year.
- Up front: the full amount is available at the start of each year-long period. For new hires, 3 days or 24 hours must be available by the 120th calendar day of employment, and 5 days or 40 hours by the 200th calendar day.
Up front is simpler to administer and avoids tracking accruals, which suits many small employers. Accrual suits businesses with variable hours.
What employees can use it for
Employers must allow paid sick leave for every purpose the law covers. That includes the diagnosis, care or treatment of an existing health condition, and preventive care, for the employee or a family member. It also covers certain reasons connected to being a victim of a qualifying act of violence, or a family member of a victim. An employer can't fire or punish an employee for using or trying to use sick leave they've accrued.
The rehire rule
Here's the insight most employers miss. If an employee leaves and comes back to the same employer within 12 months, their accrued and unused sick leave must be restored. There's one exception: if the sick leave was provided through a PTO policy and was paid or cashed out at the end of the previous employment, the employer doesn't have to restore it. That makes the choice between a separate sick leave bank and a combined PTO policy matter more than it looks. My PTO policy guide covers combined policies, and PTO payout covers what's owed when someone leaves.
Advancing leave and the 90 days
Employees must complete 90 days of employment before taking sick leave. Employers can choose to advance sick leave before it's accrued, or before the 90 days are up, but the law doesn't require it. If you do advance leave, put the terms in writing.
Local ordinances
Some California cities have their own sick leave ordinances. Since 1 January 2024, local ordinances can't contradict the state law on lending paid sick leave, paystub statements, how paid sick leave is calculated, notice for foreseeable leave, when sick leave is paid and whether it must be paid out on termination. On other points, a local ordinance with more generous rules can still apply, so check the city where each employee works.
Employer checklist
- Update any policy that still caps use at 24 hours or three days.
- Choose accrual or up front, and write it down.
- If accruing, credit at least 1 hour for every 30 hours worked.
- Set any caps at no less than 40 hours or five days for use, and 80 hours or ten days for accrual.
- Show available sick leave on wage statements.
- Restore unused leave for anyone rehired within 12 months, unless it was cashed out under a PTO policy.
- Check local ordinances where your staff work.
Pay for the hours themselves follows the employee's normal rate rules, and the state minimum wage still sets the floor, which I cover in my California minimum wage guide.
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My verdict
California sick leave comes down to one number and one phrase: 40 hours or five days, whichever is more. Get that right, pick accrual or up front and stick to it, and don't forget the 12-month rehire rule. Those three things cover most of the mistakes I see in California sick leave policies.
Frequently asked questions
How much paid sick leave do California employees get?
At least 40 hours or five days a year, whichever is more, since 1 January 2024.
How is sick leave accrued in California?
Under an accrual policy, at least 1 hour of paid sick leave for every 30 hours worked.
Can California employers cap sick leave?
Yes. Use can be capped at 40 hours or five days a year, and total accrual at 80 hours or ten days.
When can a new employee use sick leave in California?
After 90 days of employment, although employers can choose to advance leave earlier.
Does unused sick leave come back if I'm rehired?
Yes, if you return to the same employer within 12 months, unless it was paid out under a PTO policy.
Can a California employer give all the sick leave at the start of the year?
Yes. Under an up-front policy the full amount is available at the start of each year-long period.
Can I use California sick leave to care for a family member?
Yes. Sick leave covers diagnosis, care, treatment and preventive care for yourself or a family member.
