Am I Entitled to Paid Sick Leave in California? Understanding Your Rights

The issue of sick leave is a fundamental aspect of California labor law, ensuring that workers do not have to choose between their health and their paycheck. Whether you are dealing with a seasonal illness, a chronic condition, or the need to care for a loved one, understanding your rights to paid sick leave is essential for your financial and physical well-being. Because many illnesses are easily transmitted in the workplace, taking time off to recover is a necessary step that should not result in undue financial hardship.

Am I Entitled To Paid Sick Leave In California?

While major health events often spark discussions about workplace rights, there are countless everyday reasons why you may need to stay home from work. Doing so is critical for your own recovery, as well as for reducing the likelihood that your colleagues will catch the same germs. But what if you can’t afford to miss a shift?

In California, sick leave is mandatory. If you are eligible, you can accrue paid sick leave to use when you are unable to work due to an illness or if you need to care for a family member. If your employer refuses to let you take sick leave, it is important for you to know your legal rights regarding workplace protections.

Eligibility For Paid Sick Leave

In California, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) requires employers to provide paid sick leave to eligible employees. Under this law, most employees who work for 30 or more days within a year of starting a job are eligible. Employees accrue paid sick leave hours which can be used while they are on leave for specific medical and caregiving reasons.

Full-time, part-time, and even temporary employees are all eligible for paid sick leave. However, certain employees are not covered under the HWHFA. This includes workers with a collective bargaining agreement (union members), certain employees in the airline industry covered under the Federal Railway Labor Act, and some state and local government employees. These employees are typically covered by different laws or specific contractual arrangements.

In practice, the system is designed to be straightforward. If you come down with the flu, for example, you can use any hours you have accrued to remain paid while you recover. If you have accumulated 40 hours of paid sick leave and need to miss 3 days (24 hours) of work, you will be paid for those 24 hours and retain your remaining 16-hour balance.

How Much Paid Sick Leave Do I Get — And When Can I Use It?

As of recent updates to California law, employers must provide a minimum of 40 hours or 5 days of paid sick leave per year (an increase from the previous 3-day requirement). Depending on the company policy, employees may accrue sick leave at a rate of 1 hour for every 30 hours worked. Notably, employers can choose different methods for accrual (e.g., providing the full amount upfront versus earning it over time), provided the employee has access to the state-mandated minimum.

Some cities in California (such as Los Angeles, San Diego, San Francisco, and Berkeley) have enacted local ordinances that may require more generous paid sick leave than the state minimum. Always check if your specific city offers higher protections.

Employees can typically start using accrued paid sick leave on the 90th day of employment. While unused sick time can often roll over to the next year, California law allows employers to cap the total amount of accrued sick leave (the current state cap for accrual is generally 80 hours or 10 days).

Further, sick leave can be used for various reasons beyond your own physical illness. Employees can also use sick leave to:

• Take care of family members (children, parents, spouses, domestic partners, grandparents, grandchildren, or siblings).
• Seek a diagnosis, care, or treatment for an existing health condition.
• Obtain preventive care (such as annual physicals or vaccinations).
• Address needs related to being a victim of domestic violence, sexual assault, or stalking (including seeking legal relief or counseling).

Other Types of Protected Leave: FMLA and CFRA

If your medical needs extend beyond a few days, you may be eligible for extended unpaid leave. If you work for a company with at least 5 employees, the California Family Rights Act (CFRA) provides up to 12 weeks of unpaid, job-protected leave to care for yourself or a family member with a serious health condition. This often runs concurrently with the federal Family Medical Leave Act (FMLA) for larger employers.

With CFRA/FMLA leave, your job is legally protected, meaning your employer must return you to the same or a comparable position with the same pay and benefits upon your return. Furthermore, California’s Paid Family Leave (PFL) and State Disability Insurance (SDI) programs may provide partial wage replacement during these longer absences.

What Can I Do If My Employer Violates California’s Sick Leave Laws?

The HWHFA outlines strict rules for employers. Under the law, an employer cannot:

1. Deny an employee the right to use their accrued paid sick leave;
2. Fire or threaten an employee for using their sick leave;
3. Demote, suspend, or discriminate against an employee for attempting to use their leave; or
4. Retaliate against an employee for filing a complaint regarding sick leave violations.

If you request sick leave and your employer denies it or punishes you for it, they have violated the law. Your employer also cannot require you to find a replacement worker as a condition of using your sick time.

An employer who violates California’s sick leave laws may be liable for damages, including:

• Payment for withheld sick days;
• Back pay and interest;
• Liquidated damages (up to $4,000);
• Administrative penalties;
• Attorney’s fees and legal costs.

Questions? We’re Here To Help!

Paid sick leave is a hard-won right that protects the health of all Californians. If your employer has denied your request for leave, failed to pay you correctly, or retaliated against you for taking time off to heal, you have the right to hold them accountable.

At Odell Law, our practice focuses exclusively on labor and employment law. We are dedicated to helping employees who have faced injustice at work. To learn more or to schedule a free phone consultation, call us at 949-771-8173 or send us an email at any time.