San Jose, CA Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Statute
- Labor Code §246 (SB-616)
- Annual leave
- 40 hours / 5 days
- San Jose local rule
- None; state floor controls
- Carryover cap
- 80 hours
- Accrual rate
- 1 hour per 30 worked
Summary
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.
(4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee’s 200th calendar day of employment.
Full Breakdown
California SB-616 (2023) amended Labor Code §246 to require employers to provide at least 40 hours or five days of paid sick leave per year, accruing at one hour per 30 hours worked or front-loaded. Leave covers the worker's own illness, family-member care, and safe-time absences for domestic violence, sexual assault, or stalking. San Jose, unlike San Francisco or Oakland, has not enacted a stricter local paid-leave ordinance, so the SB-616 floor applies citywide. Carryover caps at 80 hours, and the Labor Commissioner enforces. Employers may set a higher cap if more generous.
Violations & Fines
Labor Commissioner may order back pay, reinstatement of denied leave, and administrative penalties up to $4,000 per worker plus interest. Willful violations can trigger Labor Code §248.5 civil suits with treble damages and attorney fees.
Frequently Asked Questions
Does San Jose add paid sick days beyond California?
Can I use sick leave for a family member?
Sources & Official References
Other rules in San Jose
California rules heatmap·Compare San Jose to another location·View the California employment preemption overview
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