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.
California SB-616 (2023) amended the Healthy Workplaces, Healthy Families Act to require at least 40 hours or five 8-hour days of paid sick leave per year for all California employees. Santa Clara County has not enacted a separate county paid-leave ordinance for unincorporated areas, so SB-616 governs uniformly. Accrual is one hour per 30 worked, or employers may front-load 40 hours at the start of each year. Carryover is capped at 80 hours. Leave covers personal illness, family care, and safe time for domestic violence, sexual assault, or stalking. The California Labor Commissioner enforces. Cities like San Jose generally follow the state floor without higher local mandates.
Labor Commissioner penalties up to $4,000 per employee for denial of leave or retaliation, plus three times unpaid leave value or $250 (whichever is greater). Administrative fines and private rights of action under Labor Code §246 also apply.
See how San Jose's paid leave preemption rules stack up against other locations.
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