California's paid sick leave law in 2026: guide for compliance
See how to streamline benefits, payroll tax work, and compliance tasks so policy updates don’t turn into fire drills.
En este artículo
The new California paid sick leave (PSL) law took full effect at the start of 2024 and introduced significant changes, such as increasing the minimum leave from 24 to 40 hours a year. Since then, additional legislation has expanded when employees can use that leave.
This article will guide Californian employers through staying compliant with updated legal requirements, unpacking eligibility criteria, workforce obligations, and more.
California's 2026 paid sick leave law
California's paid sick leave law, effective January 1, 2024, requires employers to provide employees with at least 40 hours (five full work days) of paid sick leave per 12-month period -- an increase from the previous 24 hours. In 2025, Assembly Bill 406 further expanded the permissible uses of paid sick leave, effective October 1, 2025.
Employees can accrue PSL gradually -- the standard accrual method is 1 hour for every 30 hours worked -- or get access to the entire PSL amount at the beginning of the predetermined period. Either way, employees must have access to at least 24 hours of paid leave by the 120th day of their employment.
Employers who deny minimum paid sick time to California employees may face lawsuits.
California cities with higher paid sick leave
The following cities offer greater paid sick leave (PSL) than state law requires:
Los Angeles: 48 hours (6 days) PSL yearly
Berkeley: Employers with less than 25 employees must provide 48 hours PSL annually, while workplaces with 25 or more employees must provide 72 hours.
Emeryville: Companies with 55 or fewer employees must provide 48 hours PSL yearly or 72 hours if they have more than 55 employees.
Oakland: Employers with less than 10 employees must provide 40 hours annually or 72 hours PSL if they have 10 or more employees.
San Francisco: Employers with less than 10 employees must provide 48 hours PSL annually or 72 hours if they have 10 or more employees.
Santa Monica: Companies with fewer than 25 employees are required to provide 40 hours PSL annually, while those with 25 or more employees must provide 72 hours.
California sick leave law eligibility
Under the new law, most California full-time, part-time, and temporary workers are eligible for paid sick time. Seasonal employees are non-exempt under specific conditions.
Employees are entitled to PSL benefits if they:
Have been with an employer for over 30 days within a calendar year.
Have completed an initial 90-day waiting period during which absences are not allowed.
Seasonal employees don't have to work for 90 consecutive days to qualify for PSL but are not immediately eligible. If they complete 60 days of employment, leave, and then return within the same calendar year to the same employer, they can continue accruing paid sick days based on what they previously accrued. However, if an employee was paid out for unused sick leave upon departure, they would start accruing leave from square one, like any new hire.
Certain professions are not covered by the PSL law. Among the exempt employees are:
Government workers: Their leave policies are governed by specific public sector regulations or collective agreements.
Retired US intelligence workers: They fall under specific regulations due to the nature of their work.
Employees covered by qualifying collective bargaining agreements (CBAs): CBAs often establish better PSL provisions, which supersede state laws.
Railroad employees: The Railway Labor Act governs their PSL policies.
What qualifies as sick leave in California?
PSL applies to the following circumstances:
1. Parent sickness
Employees can use PSL to care for a sick parent. This entitlement is covered as family caregiving under California's PSL law, which allows employees to take paid sick days for immediate family members, including parents.
2. Child sickness
The law also applies when an employee needs to take care of a sick child, whether the illness is minor, like a cold, or severe, like hospitalization. The entitlements apply to biological or adopted children, stepchildren, or children under guardianship.
3. Preventive care
Preventive care includes regular checkups, health screenings, and immunizations. California's PSL law allows employees to use PSL for their own appointments or for those of immediate family members.
4. Diagnosis and treatment appointments
California PSL covers doctor visits, lab tests, chronic disease treatments, and surgeries.
5. Medical attention for domestic violence injuries
Employees who have been victims of domestic violence, sexual assault, or stalking can use PSL for medical treatment of physical injuries resulting from abuse.
6. Psychological counseling
PSL can also be used for mental health care. Employees can use it for therapy sessions or psychological counseling. The coverage also includes leave to assist immediate family members dealing with mental health challenges or recovering from traumatic events.
7. Jury duty and court appearances
Effective October 1, 2025, employees can use paid sick leave to perform jury duty or to appear in court as a subpoenaed witness in a judicial proceeding. This expansion was introduced under Assembly Bill 406.
8. Crime victim-related leave
Under AB 406, employees who are victims of qualifying crimes -- or whose family members are victims -- can use PSL to attend related judicial proceedings, including bail hearings, sentencing, postconviction proceedings, and any hearing where the victim's rights are at stake. Employees may also use PSL to seek a restraining order or other protective relief.
How to provide paid sick leave to your employees
California employers can choose from the following accrual methods when offering PSL.
1. Statutory accrual method
The statutory accrual method allows employees to gradually accrue paid sick time based on hours worked. According to California's PSL regulations, employers must ensure employees accrue at least 40 hours or five days of paid sick leave each year. This means one hour of PSL for every 30 hours worked.
Once employees reach 40 hours, no additional PSL will be accrued until some of the existing balance is used. Unused PSL can be carried over to the next year but is subject to an accrual cap. The accrual cap is set at 80 hours (10 days) per year.
2. Lump sum
When using the lump sum method, employees have access to the full amount of paid sick leave without requiring them to accrue the hours over time. The full PSL can be made available to employees at the beginning of the calendar year, employment year, or any predetermined period.
The key characteristics of this method are:
Availability of the entire PSL: Employers must provide at least 40 hours or five-day PSL at the beginning of the predetermined period.
No accrual required: Employees can use the entire PSL; there is no need to accrue leave hours based on hours worked.
This lump sum method simplifies compliance, eliminating the need for tracking accrued rates.
3. Existing PTO policy
While typically used for vacation, paid time off (PTO) may also cover paid sick leave.
Under California's PSL regulations, employers offering PTO plans must ensure these plans align with the state-mandated minimum sick leave requirements. That means employees must be entitled to at least five days or 40 hours of paid leave per calendar year. If PTO is used to cover sick leave, the accrual rate must meet or exceed 1 hour of PSL per 30 hours worked, with a cap of 80 hours or 10 days annually.
This standard applies to limited and unlimited PTO policies. As long as the plan complies with or exceeds the mandated minimum, companies fulfill their legal obligations.
How much paid sick leave can employees take in California?
The number of paid sick days an employee can use within a given calendar year depends on their type of employment and hours worked.
Full-time employees
Full-time employees working 40 hours a week can accrue more than the full annual entitlement of 40 hours (5 days) of paid sick leave per year. However, employers can limit the PSL to the required 40 hours or set an accrual cap at 80 hours (10 days) per year, depending on their policies.
Part-time employees
Part-time employees accrue PSL at the same rate as full-time employees. The amount of PSL they can take on a yearly basis will depend on the number of hours they work each week.
For instance, a part-time employee who works 20 hours per week typically acquires 33 weeks of PSL annually. Unused paid leave can be carried over to the following year.
Seasonal employees
Seasonal employees start accruing paid sick time after working 60 days for an employer. If they leave the employer but return within the same calendar year, they continue to acquire PSL based on the hours worked, adding to the previously accrued leave.
Temporary workers
Temporary workers, as full-time or part-time employees, are required to work at least 30 days for an employer and complete a 90-day employment period before taking any paid sick leave. Then, they qualify for the standard minimum of 40 hours or five days of PSL. Like other employees, unused PSL can be carried over to the next year, subject to the accrual cap.
Calculations and considerations
It's important to note that employees can use PSL once they've accrued enough hours and completed a 90-day waiting period. Those on the accrued method can start using their PSL once they have accrued 40 hours.
Assume an employee works 120 hours a month. That's 4 hours of PSL monthly, and in 10 months, they will accrue 40 hours of PSL they can start using. Unused hours get carried over to the following year but are subject to an accrual cap of 80 hours.
On the other hand, employees under the lump-sum method have the total PSL available for immediate use.
Sick leave notice employer obligations
Keeping employees informed about their PSL rights prevents confusion, non-compliance with applicable labor law, and potential disputes. Here's what employers should do to keep everyone posted.
1. Display available paid sick leave balances on the employee's pay stub
Employers are required to include paid sick leave balances on employee pay stubs. This ensures transparency and enables employees to track their PSL. It also helps companies comply with state regulations requiring employers to inform employees of their PTO benefits. Lastly, including paid sick leave balances on the employee's pay stub helps avoid disputes over whether an employee has received an adequate amount of PSL.
2. Post the January 2026 DLSE Paid Sick Leave poster in the workplace
Employers must display the current version of the poster provided by the Division of Labor Standards Enforcement (DLSE) in a visible place in the office. The poster was updated in January 2026 to reflect AB 406's expanded sick leave uses. Employers still displaying earlier versions are out of compliance and should replace them immediately. The poster outlines employees' rights regarding paid sick leave and protects employers from potential penalties for failing to inform employees.
3. Send the poster via email for remote workers
If a company also has work-from-home employees, it is required to send the related information electronically. The DLSE poster should be sent to remote employees via email or posted on the company's online portal. Regardless of their working location, every employee must be familiarized with their PSL rights.
4. Provide the "Know Your Rights" notice (SB 294)
As of February 1, 2026, California employers must give each employee a standalone written "Know Your Rights" notice covering paid sick leave, immigration protections, workers' compensation, and union rights. This notice must be provided at hire and annually thereafter, and employers must retain compliance records for three years. The Labor Commissioner provides a template. Remote employees should receive the notice electronically.
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California's paid sick leave law 2026 FAQs
Can employers deny sick days to employees?
No, employers can’t deny sick days to employees who have accrued a required amount of sick days and meet the eligibility requirement. Under the California law, denying access to PSL benefits could result in penalties for employers.
What is the difference between PTO and sick time?
When discussing PTO vs. sick time in California, the difference is primarily in how the time is accrued. For instance, PTO policies in California typically combine vacation, sick leave, and personal time in one bank, enabling employees to use their time off as they see fit. Sick time, however, is specifically designated for health-related reasons and is protected under California’s Paid Sick Leave law, which outlines specific accrual rates and usage guidelines.
Do employees get paid for unused sick days in California?
Is sick time paid? This is a common question regarding the new PSL regulations in California. The answer is twofold. First, paid sick leave means that an employee continues to receive their regular wages for the hours they would have worked while absent due to qualifying reasons.
However, when an employee leaves the company, the employer is not required to pay out the employee's unused paid sick days unless they are part of a larger PTO plan, which may need to be paid upon termination, depending on the company's PTO policy.
How many sick hours do part-time employees get in California?
Part-time employees accrue paid sick days at the same rate as full-time employees: 1 hour of PSL for every 30 hours worked. The total amount they accumulate each year depends on how many hours they work per week. Under California law, all employees -- including part-time -- are entitled to use at least 40 hours or five days of paid sick leave per year.
Can employees use California sick leave for jury duty?
Yes. Effective October 1, 2025, employees can use accrued paid sick leave to perform jury duty or to appear in court as a subpoenaed witness in a judicial proceeding. This expansion was introduced under Assembly Bill 406, which amended California's Healthy Workplaces, Healthy Families Act.
What is AB 406 and how does it affect California sick leave?
AB 406, signed by Governor Newsom in 2025, expanded the permitted uses of paid sick leave under California's Healthy Workplaces, Healthy Families Act (HWHFA). Effective October 1, 2025, employees can use sick leave for jury duty, subpoenaed court appearances, and leave related to crime victims or their family members. Additional unpaid job-protected leave protections tied to those same uses took effect January 1, 2026.
What is California's "Know Your Rights" notice requirement for employers?
Starting February 1, 2026, California employers must provide each employee with a standalone written "Know Your Rights" notice covering paid sick leave, workers' compensation, immigration protections, and union rights. The notice must be given at hire and annually thereafter, and employers must retain compliance records for three years. The Labor Commissioner provides a template notice.
Can a family member of a crime victim use California sick leave?
Yes. Under AB 406, employees whose family members are victims of qualifying violent crimes, serious felonies, or felony theft or embezzlement can use paid sick leave to attend related court proceedings -- including bail hearings, sentencing, postconviction proceedings, and any hearing where the victim's rights are at stake. Employees may also use PSL to seek a restraining order or other protective relief on behalf of a family member.
Aviso legal
Rippling y sus afiliados no proporcionan asesoramiento fiscal, contable o jurídico. Este material se ha preparado únicamente con fines informativos y no debe utilizarse para proporcionar asesoramiento fiscal, contable o jurídico. Debe consultar con sus propios asesores fiscales, contables o jurídicos antes de comprometerse a ninguna actividad o transacción en estos ámbitos.
Author
Vanessa Kahkesh
Content Marketing Manager, HR
Vanessa Kahkesh is a content marketer for HR who is passionate about shaping conversations at the intersection of people, strategy and workplace culture. At Rippling, she leads the creation of HR-focused content. Vanessa honed her marketing, storytelling and growth skills via roles in product marketing, community building and startup ventures. She worked on the product marketing team at Replit and was the founder of STUDENTpreneurs, a global community platform for student founders. Her multidisciplinary experience – combining narrative, brand and operations – gives her a unique lens into HR content: she effectively bridges the technical side of HR with the human stories behind them.
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