Berkeley, CA Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Accrual rate
- 1 hour per 30 worked
- Small employer cap
- 48 hours
- Large employer cap
- 72 hours
- Records retention
- 4 years
Summary
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.
246. (a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. (b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later. (c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment.
Full Breakdown
BMC Chapter 13.100 grants employees one hour of paid sick leave for every thirty hours worked. Small employers with fewer than twenty-five workers cap accrual at forty-eight hours, while larger employers cap at seventy-two hours, both above the California state floor. Family covered includes designated persons, blood relatives, chosen family, and domestic partners. Workers may use leave for their own illness, family care, safe time after domestic violence, and public health emergencies. Employers must post notices, retain records for four years, and refrain from retaliation. Carryover is required, and tracked balances appear on paystubs.
Violations & Fines
Denying accrual, retaliating against use, or failing to maintain records can mean back pay, liquidated damages, civil penalties, and individual liability for owners or managers who direct violations.
Frequently Asked Questions
Can I use sick leave to care for a friend?
Does the leave roll over each year?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California employment preemption overview
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Paid Leave Preemption in Nearby Cities
How other cities in Alameda County handle paid leave preemption.