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San Diego, CA Employment Preemption: Paid Leave Preemption (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Code
SDMC §39.0105
Annual usable leave
40 hours minimum
Accrual rate
1 hour per 30 worked
Carryover cap
80 hours
State floor (SB-616)
40 hours / 5 days

Summary

San Diego's Earned Sick Leave and Minimum Wage Ordinance (SDMC §39.0105) requires employers to provide at least 40 hours of paid sick leave per year, equal to California SB-616's floor with stricter accrual and use rules.

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. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971.

Source: SDMC §39.0105 Earned Sick LeaveView official code

Full Breakdown

SDMC §39.0105 requires covered employers to provide one hour of paid sick leave for every 30 hours worked in San Diego, with a minimum yearly cap of 40 hours and an accrual cap of 80 hours. Workers may begin using leave after 90 days of employment for their own illness, family-member care, or safe-time absences for domestic violence, sexual assault, or stalking. California SB-616 (2023) raised the statewide floor to 40 hours but preserves stronger local rules. San Diego's Office of Labor Standards Enforcement handles complaints, audits records, and orders restitution. Unused leave carries over annually up to the 80-hour cap.

Violations & Fines

Employers face civil penalties up to $1,000 per pay period per employee, plus back pay and reinstated leave. Willful or retaliatory violations trigger additional fines and Office of Labor Standards citations.

Frequently Asked Questions

When can I start using sick leave?
After 90 calendar days of employment with the same San Diego employer. Accrual begins on day one, but use is restricted during the initial waiting period under SDMC §39.0105.
Can I use sick leave for a family member?
Yes. SDMC §39.0105 covers care for a child, parent, spouse, domestic partner, grandparent, grandchild, or sibling, plus safe-time absences for domestic violence or stalking.

Sources & Official References

Other rules in San Diego

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All San Diego rules

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