Oakland, CA Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Accrual
- 1 hour per 30 worked
- Small employer cap
- 40 hours
- Larger employer cap
- 72 hours
- Code
- OMC Chapter 5.92
Summary
Measure FF also created Oakland Earned Sick Leave under OMC 5.92, requiring all employers to provide one hour of paid sick leave per 30 hours worked, capped at 40 or 72 hours depending on employer size, available for employee or family illness.
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
Effective March 2015 under OMC Chapter 5.92, Oakland employees accrue one hour of paid sick leave for every 30 hours worked, including part-time and temporary workers. Small employers with fewer than ten workers may cap accrual at 40 hours; larger employers cap at 72 hours. Leave may be used for the worker or designated family members for illness, preventive care, or domestic violence and sexual assault recovery. Unused leave carries over annually but employers may limit use to the cap. Notice posting and individualized accrual tracking are required. The Department of Workplace and Employment Standards enforces.
Violations & Fines
Back leave, civil penalties up to $1,000 per violation, and private right of action with attorney fees against retaliating or non-compliant employers.
Frequently Asked Questions
Can leave be used for family?
Does leave carry over?
Sources & Official References
Other rules in Oakland
California rules heatmap·Compare Oakland to another location·View the California employment preemption overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Paid Leave Preemption in Nearby Cities
How other cities in Alameda County handle paid leave preemption.