California Paid Sick Leave Laws: A Complete Guide for Employers

  •   4 min read

The Foundation: Healthy Workplaces, Healthy Families Act

California’s paid sick leave is governed by the Healthy Workplaces, Healthy Families Act, which requires employers to provide at least 40 hours (five days) of paid sick leave per year. This is a significant increase from the 24-hour minimum in effect prior to 2024.

Who is Covered:

•Full-time, part-time, and temporary employees working for the same employer for 30 days within a year in California

•Employees must complete a 90-day employment period before using paid sick leave

Exemptions Include:

•Certain air carrier employees

•Retired annuitants in government

•Railroad employees

•Some construction industry employees under collective bargaining agreements

2024 Update: Minimum Paid Sick Leave Increased

As of January 1, 2024, the minimum annual sick leave increased from 24 hours to 40 hours.

Key Points for Employers:

•Employees working longer shifts (e.g., 10-hour days) receive proportional time off (e.g., 50 hours for 5 days)

•Employees with shorter shifts (e.g., 6-hour days) still get five full days of leave

How Employees Accrue Paid Sick Leave

California allows employers to choose between two methods:

1. Accrual Method

•Employees earn 1 hour of paid sick leave per 30 hours worked

•Must have access to 24 hours by the 120th day and 40 hours by the 200th day

•Accrual capped at 80 hours (10 days) per year

•Unused hours carry over, subject to the cap

2. Front-Loading Method

•Employees receive the full 40 hours upfront

•No accrual tracking needed, simplifying administration

Tip: Many small businesses prefer front-loading to reduce tracking errors and administrative burdens.

What Paid Sick Leave Can Be Used For

Traditional Uses

Employees may use paid sick leave for:

•Diagnosis, care, or treatment of their own health condition

•Preventive care, screenings, or immunizations

•Caring for a family member who is ill

Family members include:

Children, stepchildren, parents, spouses, registered domestic partners, grandparents, grandchildren, and siblings.

Expanded Uses Effective 2025

•Crime victims: Leave for domestic violence, sexual assault, stalking, or related emergencies affecting employees or their families

•Agricultural workers: Leave during emergencies like smoke, heat, or flooding

Key Compliance Requirements for Employers

Posting and Notice:

•Post the updated paid sick leave poster in visible locations

•Provide notices to employees previously receiving less than 5 days or 40 hours

Pay Stub Documentation:

•Include sick leave balances on wage statements or separate written notices

Anti-Retaliation Protections:

•Employers cannot punish employees for using sick leave

•Employees choose when to use leave; it cannot be mandated

Doctor’s Note Limitations:

•Cannot require medical documentation unless leave is questioned and accrued leave is exhausted

Payment Timing:

•Paid sick leave must be included in regular paychecks

COVID-19 Supplemental Paid Sick Leave

•Expired December 31, 2022

•Provided up to 80 hours for COVID-19-related reasons for employers with 25+ employees

•No active COVID-specific sick leave is required in 2025

•Employees can use regular paid sick leave for COVID-related absences

Best Practices for Employers

  1. Update Policies – Reflect the 40-hour minimum and expanded qualifying reasons

  2. Train Managers – Avoid retaliation or discouraging leave usage

  3. Implement Tracking Systems – Monitor accrual, usage, and carryover

  4. Communicate with Employees – Explain leave balances, requests, and protections

  5. Document Everything – Track leave usage, communications, and training

  6. Consider Front-Loading – Simplifies administration for small businesses

  7. Review Local Ordinances Annually – Ensure compliance with city-specific laws

Common Mistakes to Avoid

•Requiring unnecessary doctor’s notes

•Treating PTO and sick leave interchangeably without meeting legal standards

•Denying leave for lack of advance notice

•Miscalculating leave for employees with varying shift lengths

•Failing to update payroll systems to reflect 40-hour minimum

Penalties for Non-Compliance

Violations can lead to:

•Complaints to the Labor Commissioner

•Civil lawsuits for unpaid sick leave

•Retaliation claims, back pay, and reinstatement

•Attorney’s fees and legal costs

Tip: Non-compliance also damages your reputation and hampers talent retention.

Looking Ahead

California employment laws continue to evolve. The 2025 expansion for agricultural workers and crime victims signals that protections will likely grow. Employers should:

•Monitor updates from the California Labor Commissioner

•Join HR associations or employer groups

•Consult with employment law attorneys as needed

Conclusion

California’s paid sick leave laws are robust but manageable. By updating policies, implementing tracking systems, training managers, and communicating clearly with employees, small to medium-sized businesses can stay compliant while supporting worker health and well-being. Compliance is not just about avoiding penalties—it’s about building a workplace culture that values employees, attracts talent, and ensures long-term productivity.

Frequently Asked Questions

Who is eligible for paid sick leave in California?

All employees who work in California for 30 or more days within a year with the same employer are generally eligible. Both full-time and part-time nonexempt employees accrue leave under state rules.

How much sick leave must employers provide?

Employees accrue at least one hour of paid sick leave for every 30 hours worked. Employers can also choose to frontload the full amount at the beginning of the year, provided it meets or exceeds state minimums.

Can employers require documentation for sick leave use?

Yes. Employers may request reasonable documentation for absences longer than three consecutive days or as permitted under their policies. Managers should apply documentation requirements consistently to avoid compliance issues.