California Sick Leave Law in 2026: How Many Days You Get, and What Your Employer Cannot Do

California law gives most employees at least 40 hours or five days of paid sick leave a year, whichever is more. You earn it from your first day, you can start using it on your 90th day, and unused hours carry over, subject to a cap of 80 hours or 10 days, whichever is more. Your employer cannot fire, demote or punish you for using sick days you have earned, and it generally cannot make a doctor's note a condition of taking them.

At a glance

• The legal minimum is 40 hours or five days a year, whichever is more. On 10-hour shifts, that is at least 50 hours.
• You qualify after working 30 days for the same employer in California within a year. Part-time, temporary, per diem and staffing agency workers are covered.
• You earn at least one hour for every 30 hours worked and can use it from the 90th day of employment.
• Unused sick leave rolls over. Your employer may cap the total you hold at 80 hours or 10 days, whichever is more.
• You choose how much to take. Your employer can require a minimum block, and that block can be no longer than two hours.
• Sick pay is due by the next regular payday after you take it, and your pay stub, or a written notice given with your pay, must show how much you have left.
• California does not require your employer to pay out unused sick leave when you leave, unless its own policy says so. A combined PTO bank that covers vacation is different.
• If you work inside the City of Los Angeles, a city ordinance lets you use up to 48 hours a year. If the state's five-day rule gives you more, the state rule applies.
• Firing or punishing you for using earned sick days is illegal. A retaliation complaint to the Labor Commissioner is generally due within one year.

How many sick days do you get in California in 2026?

The short answer is at least five days or 40 hours a year, whichever gives you more. The long answer depends on how your employer delivers the leave, because the law allows two main methods.

The 40-hour, five-day floor has applied since January 1, 2024, when Senate Bill 616 raised it from three days or 24 hours. The Labor Commissioner's guidance reads "five days or 40 hours" as whichever is more. So a worker on 10-hour shifts must be allowed at least 50 hours. A worker on six-hour shifts who takes five days, 30 hours in total, still has 10 hours left.

A city can require more than the state does. Where a local law gives more, the employer must follow the more generous rule. That matters in Los Angeles, which is covered in its own section below.

Who qualifies for paid sick leave in California?

Under Labor Code section 246(a), you are entitled to paid sick days if you work in California for the same employer for 30 or more days within a year from the start of your employment. The Labor Commissioner's FAQ confirms that this includes part-time, per diem and temporary employees, and in-home supportive services (IHSS) providers. Staffing agency workers are covered too, and the employer or joint employer must provide the leave.

A small number of workers are excluded by Labor Code section 245.5:

• Employees covered by a union contract that meets strict conditions, including its own paid sick days, final and binding arbitration of sick-leave disputes, overtime premium pay, and a regular hourly rate at least 30 percent above the state minimum wage.
• Construction workers under a union contract that meets similar conditions and either was signed before January 1, 2015, or clearly waives the sick-leave law.
• Airline flight deck and cabin crew who receive at least as much paid time off as the law requires.
• Retired public employees working again without reinstatement into their retirement system.
• Railroad employees covered by the federal railroad unemployment law.

If a qualifying union contract takes you out of most of the law (the first category above), section 246.5(d) still protects you. You can still use sick leave for every listed reason, your employer cannot make you find a replacement, and the anti-retaliation rule applies. The construction-industry exemption is complete, so those workers should check their contract.

How do you earn sick leave?

Your employer picks one of two approaches, and the law sets a floor for each.

Accrual. You earn at least one hour of paid sick leave for every 30 hours you work, starting on your first day. An employer can use a different schedule only if it keeps pace: at least 24 hours by your 120th day and at least 40 hours by your 200th day. If you are an exempt salaried employee, the law treats you as working 40 hours a week for accrual, unless your normal week is shorter.

Up front (lump sum). Your employer gives you the leave all at once. It must give at least 24 hours or three days you can use by the end of your 120th day, and at least 40 hours or five days by the end of your 200th day. If your employer gives you the full 40 hours or five days at the start of each year, it does not have to let unused leave carry over.

Either way, section 246(c) lets you start using accrued sick days on your 90th day of employment. An employer may lend you sick days earlier, but it does not have to.

Do sick days roll over in California?

Yes, under the accrual method. Labor Code section 246(d) says accrued paid sick days "shall carry over to the following year of employment."

Two limits apply. Your employer can cap how much you use in one year at 40 hours or five days, whichever is more. It can also cap the total you hold at 80 hours or 10 days under section 246(j), which the Labor Commissioner reads as whichever is more. Once you hit that cap, you stop earning more until your balance drops.

The up-front method is the exception. When the full 40 hours or five days is given at the start of each year, no carryover is required.

What can you use sick leave for?

Section 246.5(a) lists the permitted reasons. You can use paid sick leave for:

• Diagnosis, care or treatment of an existing health condition, for you or a family member.
• Preventive care, such as an annual physical or a flu shot, for you or a family member.
• Jury duty, or appearing in court as a witness under a subpoena or court order. This has applied since January 1, 2025.
• Getting a restraining order or other court relief if you are a victim of a qualifying act of violence, to protect your own or your child's safety.
• Attending court proceedings about certain serious crimes (violent or serious felonies, felony theft or embezzlement, and other listed offenses such as felony domestic violence or stalking) if you or a family member were the victim. This applies from January 1, 2026.
• Outdoor agricultural work, to avoid smoke, heat or flooding during a declared state or local emergency.

If your employer has 25 or more employees, you can also use sick leave for reasons tied to a qualifying act of violence against you or a family member, including to get medical care, counseling, shelter services or legal help, to plan for safety, to relocate, to care for a family member injured by the violence, to arrange childcare needed for safety, or to attend related legal proceedings.

"Family member" is broad. Section 245.5(c) covers your child (at any age), parent, spouse or registered domestic partner, parent-in-law, grandparent, grandchild and sibling. It also covers one designated person you name when you ask for the leave. Your employer may limit you to one designated person every 12 months.

You decide how much to take. Your employer can set a minimum block, but section 246(k) caps that minimum at two hours. It cannot make you take a full day for a three-hour appointment.

What changed in California sick leave law for 2026?

One use was added. From January 1, 2026, section 246.5(a)(2)(C) lets you use paid sick days for the purpose in Government Code section 12945.8(a)(4). That is time off to attend court proceedings related to a crime you or a family member were the victim of, but only for the crimes the statute lists: violent or serious felonies, felony theft or embezzlement, and specified offenses such as felony domestic violence, felony stalking, hit-and-run causing death or injury, and felony DUI causing injury. The statute names delinquency proceedings, post-arrest release decisions, pleas, sentencing, post-conviction release decisions, and any proceeding where the victim's rights are at issue.

The jury duty and witness uses are not new for 2026. They took effect on January 1, 2025. The amount of leave did not change in 2026. The 40-hour, five-day floor dates from January 1, 2024.

How much do you get paid for a sick day?

If you are paid by the hour, section 246(l) gives your employer two options. It can pay your regular rate for the workweek you took the leave, whether or not you worked overtime that week. Or it can divide your total wages, not counting overtime premium pay, by your total hours worked over the full pay periods of the previous 90 days.

If you are exempt, you are paid the same way your employer pays you for other paid leave.

Section 246(n) sets the deadline. Your employer must pay for sick leave no later than the payday for the next regular payroll period after you took it.

Your pay stub is also a legal record. Under section 246(i), your employer must show your available sick leave on your itemized wage statement, or on a separate written notice given with your pay. If your leave is unlimited, the notice may simply say "unlimited." Employers must also keep records of sick leave earned and used for three years.

Can your employer require a doctor's note for a sick day?

Generally, no. The Labor Commissioner's FAQ says an employer "may not deny an employee paid sick leave based solely on a lack of certification from a health care provider," and that you are entitled to take it immediately upon an oral or written request.

There is a narrow exception. The same FAQ says it may be reasonable to ask for documentation before paying the leave when the employer "has information indicating that the employee is not requesting paid sick leave for a valid purpose." That is an employer with a specific reason to doubt the request. It is not a blanket note policy.

Your employer also does not need to know why you are out. The FAQ says an employer is not obligated to ask about, or record, the purpose of your sick leave.

Crime-victim leave works differently. For those absences, if you are out without advance notice, Government Code section 12945.8 lets the employer ask afterward for certification, such as a police report, a court order, or a signed written statement from you.

How much notice do you have to give?

It depends on whether you saw it coming. Under section 246(m), if the need is foreseeable, such as a scheduled appointment, you must give reasonable advance notice. If it is not foreseeable, such as waking up with a fever, you must tell your employer as soon as practicable.

Your employer cannot make you find someone to cover your shift. Section 246.5(b) prohibits requiring you to search for or find a replacement worker as a condition of using paid sick days.

Do you get paid for unused sick days when you quit or get fired?

Not under the sick leave law. Section 246(g)(1) says your employer is not required to pay you for accrued, unused paid sick days when you are terminated, resign, retire or otherwise leave. The Labor Commissioner's FAQ says the same: there is no right to cash out unused sick days "not unless your employer's policy provides for a payout."

There are two important qualifications.

If you come back within a year, your balance comes back. Under section 246(g)(2), if you are rehired by the same employer within one year of leaving, your previously accrued, unused sick days must be reinstated. The exception is leave that was part of a paid time off (PTO) bank and was already paid out when you left.

A combined PTO bank can change the answer. Many employers use one PTO bank for vacation and illness instead of separate sick leave. Vacation is treated differently. The Labor Commissioner's position is that a PTO bank you can use for any purpose, vacation included, follows the vacation rules: vested PTO cannot be forfeited, and unused PTO must be paid at your final rate when employment ends. A union contract can change that vacation rule. A bank that can only be used for sick leave purposes is sick leave, and does not have to be paid out unless the policy says so. Our guide to California's final paycheck law explains the deadlines for that final payment.

Is PTO the same as sick leave in California?

It can be. Section 246(f) lets an employer skip separate sick leave if its PTO policy gives at least the same amount of time, usable for the same reasons and under the same conditions. In other words, a PTO policy can satisfy the law, but only if it meets every rule above.

That means the protections travel with it. If you use PTO for a reason the sick leave law covers, your employer cannot deny it for lack of a doctor's note, cannot make you find a replacement, and cannot punish you for using it.

What are the sick leave rules in the City of Los Angeles?

If you work inside the City of Los Angeles, a city ordinance adds its own rules on top of state law. The city's Office of Wage Standards sets out the rules in its FAQ on the city's Minimum Wage Ordinance (LAMC 187.04).

The city rules reach anyone who works at least two hours in a week inside city limits, wherever the employer is based and wherever you live. The city counts each day you work as one day toward its own 30-day threshold, so a part-time worker who comes into the city now and then can still qualify. Union-covered employees are included.

There are limits. The city ordinance covers only employees entitled to California's minimum wage, so exempt salaried "white collar" employees are not covered by it. Employees of public agencies are not covered either. For those workers, state law still applies.

On payout, the city matches the state. Unused sick time does not have to be paid out at the end of employment, and a balance comes back if you are rehired within one year.

If your employer breaks the city rules, you can file a complaint with the Office of Wage Standards online, in person, by mail or on the MyLA 311 app. The city's FAQ says you may also bring a civil action in court under the ordinance (LAMC 188.07(B)). The city can fine an employer up to $1,000 per employee for retaliation.

Two practical notes. The city's FAQ is dated July 2024, so check the Office of Wage Standards for current guidance. And city limits do not match the "Los Angeles" in a mailing address. Many Los Angeles County addresses are in other cities or unincorporated areas, and the city's Neighborhood Info tool shows which side of the line your workplace is on.

Can you be fired for calling in sick in California?

Not for using sick leave you have earned. Labor Code section 246.5(c)(1) prohibits an employer from denying you the right to use accrued sick days, or from discharging, threatening to discharge, demoting, suspending or "in any manner" discriminating against you for:

• using accrued sick days, or trying to use them;
• filing a complaint with the Labor Commissioner, or alleging a violation of the sick leave law;
• cooperating in an investigation or prosecution of a violation; or
• opposing a policy or practice the law prohibits.

The law also shifts the burden in some cases. Under section 246.5(c)(2), if your employer takes one of those actions within 30 days after you complained to the Labor Commissioner, alleged a violation, cooperated in an investigation, or opposed an unlawful practice, retaliation is presumed. Your employer then has to rebut it. The presumption is tied to complaining or opposing, not to simply using a sick day, so putting a complaint in writing can matter.

Punishment does not have to be a firing. The Labor Commissioner's FAQ gives an example: an employer that denies holiday pay because you used a sick day for a qualifying reason the day before or after the holiday may be violating the anti-retaliation rules. If you were fired outright, our page on wrongful termination explains what to do next.

What about calling in sick two days in a row? The sick leave law does not count days in a row. It protects the use of sick time you have accrued and are allowed to use. So if both days are covered by accrued sick leave used for a qualifying reason, the Labor Commissioner's position is that your employer cannot count them as "occurrences" or attendance points. Labor Code section 234 calls an absence policy that counts protected sick leave against you a per se violation of section 233, covered below. Time not covered by your balance is not protected by the sick leave law. If you have used up your balance, or the absence is longer, other laws may protect you. A serious health condition can bring in the California Family Rights Act, and a disability can require your employer to consider an accommodation. Our overview of California leave of absence laws explains how CFRA, FMLA and pregnancy disability leave fit together.

Section 233 also gives you a court route. It prohibits discharging, threatening to discharge, demoting, suspending or discriminating against you for using sick leave for any reason listed in section 246.5(a). It also requires an employer that provides sick leave to let you use at least half a year's accrual for those reasons, including a family member's illness.

Ready to talk it through?

If you were written up, cut from the schedule or let go shortly after a sick day, that timing can matter under the law's retaliation rules. Tell us what happened and we will read it free. Contact us for a confidential review.

What can you recover if your employer violates the sick leave law?

The answer depends on the route.

Through the Labor Commissioner. Under Labor Code 248.5, if the Labor Commissioner finds a violation, it can order reinstatement, back pay, payment of sick days unlawfully withheld, and an administrative penalty. For withheld sick days, the penalty is three times the dollar value of the days withheld, or $250, whichever is greater, up to $4,000. If the violation caused other harm, such as a firing, the penalty is $50 for each day the violation continued, up to $4,000. Interest is added on unpaid amounts.

There is one employer defense to know about. Section 248.5(h) bars penalties for "an isolated and unintentional payroll error or written notice error that is a clerical or an inadvertent mistake" about accrual or available use. A pattern is not an isolated error.

In court. For a violation of Labor Code section 233, you can file with the Labor Commissioner, or bring a civil action yourself. The statute entitles you to reinstatement and to actual damages or one day's pay, whichever is greater, plus appropriate equitable relief. If you win in court, the court may award reasonable attorney's fees.

A firing over sick leave can also connect to other claims, such as retaliation under the Fair Employment and Housing Act (FEHA) where a disability or CFRA leave is involved. Our guide to California workplace retaliation laws walks through which law fits which situation. Which claims you have depends on the facts, and a lawyer can tell you which route fits your situation.

How long do you have to file a sick leave complaint in California?

For retaliation, the clock is short. Under Labor Code section 98.7(a)(1), a worker who believes they were discharged or discriminated against in violation of a law the Labor Commissioner enforces may file a complaint "within one year after the occurrence of the violation." The one-year period can be extended for good cause, but do not plan around that.

Other routes, such as a claim for unpaid sick pay or a lawsuit that includes FEHA or wrongful termination claims, run on different deadlines. Some are longer. None of them is a reason to wait. Deadlines can run early, so confirm yours with a lawyer before you assume you have time. Our page on important time limits for California employment cases lists the main ones.

What to do if your employer denies or punishes sick leave

1. Check your pay stub. Write down the sick leave balance it shows, or photograph it. If the balance is on neither the stub nor a separate written notice given with your pay, that is its own violation.
2. Put the request in writing. A short text or email saying you are sick and using sick leave creates a dated record.
3. Keep what your employer sends back. Save any denial, write-up, schedule change or message that mentions your absence.
4. Write down the timeline. Note the date of each sick day and the date of each thing that happened afterward.
5. Read the policy. Ask for the written sick leave or PTO policy and keep a copy.
6. Talk to a lawyer before you sign anything. A severance agreement or release can give up claims you do not yet know you have.

Our guide to documenting workplace evidence in California explains how to keep records safely and lawfully.

Frequently asked questions

How many sick days do you get per year in California?

At least 40 hours or five days of paid sick leave a year, whichever is more. That floor has applied since January 1, 2024. If you work inside the City of Los Angeles, the city ordinance lets you use up to 48 hours a year, and the more generous rule applies.

Do part-time employees get sick pay in California?

Yes. Anyone who works in California for the same employer for 30 or more days within a year qualifies, including part-time, temporary, per diem and staffing agency workers. Part-time workers earn at least one hour for every 30 hours worked, so they build up leave more slowly.

Do you get paid for unused sick days in California?

Not when you leave, unless your employer's policy provides for a payout. If you are rehired by the same employer within one year, your unused sick days must be reinstated. A combined PTO bank is different, because vested vacation must be paid out when employment ends.

Can my employer ask why I am taking a sick day?

Your employer is not required to ask about or record the reason. It cannot deny paid sick leave simply because you did not provide a doctor's note. It may ask for documentation only in narrow cases, where it has information that the leave is not for a valid purpose.

Can I use sick leave to care for someone who is not a relative?

Yes. Under Labor Code section 245.5(c), you can name one designated person when you ask for sick leave, and use your sick days to care for that person. It can be someone who is not on the law's list of relatives, such as a close friend or a partner you are not married to. Your employer may limit you to one designated person every 12 months.

Can my employer make me use sick leave in full days?

No. You decide how much sick leave you need for each absence. Your employer may set a minimum block of time you must take at once, but under Labor Code section 246(k) that minimum cannot be longer than two hours. So a three-hour medical appointment does not have to cost you a full day of leave.

The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: September 24, 2026.

Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.