Paid Leave Preemption: San Jose vs Sunnyvale
How do paid leave preemption rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
San Jose, CA
Santa Clara County
California SB-616 (Labor Code §246) requires at least 40 hours or five days of paid sick leave annually. San Jose has not enacted its own city paid-leave ordinance, so the state floor controls for San Jose workers.
View full San Jose rules →Sunnyvale, CA
Santa Clara County
Santa Clara County has no county paid-leave ordinance. Workers in unincorporated areas follow California SB-616's five-day statewide floor. San Jose and a few other cities have not enacted higher local rules, so SB-616 governs across the county.
View full Sunnyvale rules →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| Statute | Labor Code §246 (SB-616) | - |
| Annual leave | 40 hours / 5 days | - |
| San Jose local rule | None; state floor controls | - |
| Carryover cap | 80 hours | 80 hours |
| Accrual rate | 1 hour per 30 worked | 1 hour per 30 worked |
| Governing statute | - | California SB-616 (2023) |
| Annual leave minimum | - | 40 hours / 5 days |
| County local rule | - | None; state statute controls |
Highlighted rows indicate differences between cities.
San Jose FAQ
Does San Jose add paid sick days beyond California?
No. San Jose has not enacted a local paid-leave ordinance. Workers receive the SB-616 statewide minimum of five days or 40 hours per year, whichever is greater.
Can I use sick leave for a family member?
Yes. Labor Code §246 covers care for a child, parent, spouse, domestic partner, grandparent, grandchild, or sibling, plus safe-time absences for domestic violence.
Sunnyvale FAQ
Does Santa Clara County have its own paid sick leave law?
No. The county follows California SB-616 statewide. Unincorporated workers and most SCC city employees receive the state floor of 40 hours or five 8-hour days per year, enforced by the California Labor Commissioner.
How does SB-616 enforcement work?
Workers file complaints with the California Labor Commissioner or sue under Labor Code §246. Penalties include treble damages or $250 minimum for denied leave, plus up to $4,000 in administrative fines for retaliation.
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