- Labor Commissioner's Office
Starting on January 1, 2024, employers must generally provide 5 days or 40 hours of paid sick leave to their employees in California. The Labor Commissioner has updated the paid sick leave poster and 2810.5 employee notice. All employers should post the new poster. An employer previously providing less than 5 days or 40 hours of paid sick leave per year will need to provide employees a new copy of the notice. Questions 15 & 16 below address how employers can transition to the new requirements.
The California Paid Sick Leave: Frequently Asked Questions contains answers to questions that are frequently asked about California's Paid Sick Leave law (AB 1522, operative January 1, 2015, as amended in AB 304 operative July 13, 2015, SB 3, operative April 4, 2016 and in SB 616 operative January 1, 2024).
Governor Jerry Brown signed Senate Bill 3 on April 4, 2016, amending the Healthy Workplaces, Healthy Families Act of 2014.Subscribe to get email alerts of any updates related to the paid sick leave law
Side by Side Comparison of COVID-19 Paid Leave
Workplace Poster - Supplemental Paid Sick Leave for Food Sector Workers (Spanish Version)
An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the beginning of employment, is entitled to paid sick leave. Employees, including part-time and temporary employees, will earn at least one hour of paid leave for every 30 hours worked. Accrual begins on the first day of employment or July 1, 2015, whichever is later.
An employer may limit the amount of paid sick leave an employee can use in one year to 40 hours or five days. Accrued paid sick leave may be carried over to the next year, but it may be capped at 80 hours or ten days.
View the Paid Sick Leave webinar (WMV format, 45MB, 45 minutes)or the presentation slides
View Our FREQUENTLY ASKED QUESTIONS about Paid Sick Leave (Updated December 12, 2023).
Usage
- An employee may use accrued paid sick days beginning on the 90th day of employment.
- An employee may request paid sick days in writing or verbally. An employee cannot be required to find a replacement as a condition for using paid sick days.
- An employee can take paid leave for employee’s own or a family member for the diagnosis, care or treatment of an existing health condition or preventive care or for specified purposes for an employee who is a victim of domestic violence, sexual assault or stalking.
Employers
Reminder: California Employers Required to Notify Most Employees about Paid Sick Leave
There are several things employers must do to comply with the Healthy Workplace Healthy Family Act of 2014 (AB 1522).
- Display poster on paid sick leave “translations coming soon” where employees can read it easily. The Spanish, Vietnamese, and Chinese posters are previous versions effective before January 1, 2024. Revised translations are coming soon.
- The San Francisco Office of Labor Standards Enforcement, in consultation with the State of California Department of Industrial Relations, has released a new San Francisco Paid Sick Leave Poster. This official poster satisfies the posting requirements of both the local San Francisco Paid Sick Leave Ordinance and the statewide California Healthy Workplace Healthy Family Act for workplaces in San Francisco.
- Provide written notice to employees with sick leave rights (Spanish) (Vietnamese) (Chinese) at the time of hire. The Spanish, Vietnamese, and Chinese notice to employees are previous versions effective before January 1, 2024. Revised translations are coming soon.
- Provide for accrual of one hour for every 30 hours worked and allow use of at least 40 hours or 5 days or provide at least 40 hours or 5 days at the beginning of a 12 month period of paid sick leave for each eligible employee to use per year.
- Allow eligible employees to use accrued paid sick leave upon reasonable request.
- Show how many days of sick leave an employee has available. This must be on a pay stub or a document issued the same day as a paycheck.
- Keep records showing how many hours have been earned and used for three years.
Retaliation or discrimination against an employee who requests or uses paid sick days is prohibited. An employee may file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee for exercising these rights or other rights protected under the Labor Code. Local offices are listed on our website at http://www.dir.ca.gov/dlse/DistrictOffices.htm.
May 2016
