Paid Leave Preemption: Berkeley vs Sunol
How do paid leave preemption rules compare between Berkeley, CA and Sunol, CA?
Berkeley has fewer restrictions than Sunol.
Berkeley, CA
Alameda County
Berkeley supplements California paid sick leave with a stronger local accrual cap, broader family definitions, and tighter coverage for small employers, all enforced through the city Office of Labor Standards Enforcement.
View full Berkeley rules →Sunol, CA
Alameda County
California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.
View full Sunol rules →Key Facts Comparison
| Fact | Berkeley | Sunol |
|---|---|---|
| Accrual rate | 1 hour per 30 worked | - |
| Small employer cap | 48 hours | - |
| Large employer cap | 72 hours | - |
| Records retention | 4 years | - |
| Statute | - | Labor Code 245-249 |
| Minimum Annual Leave | - | 40 hours/5 days |
| Effective Date | - | January 2024 |
| Local Stricter Allowed | - | Yes |
Highlighted rows indicate differences between cities.
Berkeley FAQ
Can I use sick leave to care for a friend?
Yes. Berkeley allows use for designated persons including chosen family, in addition to traditional relatives, domestic partners, and registered family members.
Does the leave roll over each year?
Yes, up to the applicable cap. Berkeley does not require employers to pay out unused balances at separation unless a separate policy promises that benefit.
Sunol FAQ
How much paid sick leave do California workers receive?
At least 40 hours or five days annually under Labor Code 245-249, as expanded by SB 616 in 2024. Employees of larger cities may receive more under local ordinances.
Are California cities preempted from passing paid leave laws?
No. State law sets a minimum standard. Cities like San Francisco, Los Angeles, and Oakland have higher local paid sick leave requirements that remain valid.
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