California Statewide Rule
California Statewide Paid Sick Leave Minimum
Key Facts
- Statute
- Labor Code 245-249
- Minimum Annual Leave
- 40 hours/5 days
- Effective Date
- January 2024
- Local Stricter Allowed
- Yes
Summary
California's Healthy Workplaces, Healthy Families Act under Labor Code 245-249 mandates paid sick leave for nearly all employees statewide. SB 616 (2023) raised the minimum to 40 hours or five days annually effective January 2024, applying universally.
Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee's use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term "full amount of leave" means five days or 40 hours.
Full Breakdown
Labor Code 245-249 requires every California employer to provide paid sick leave to employees who work 30 or more days in a year. SB 616 (2023) increased the minimum accrual to 40 hours or 5 days per year, effective January 1, 2024. Employees accrue at least one hour for every 30 hours worked or receive a lump-sum frontload. Local governments are not preempted and may enact more generous paid leave; San Francisco, Los Angeles, Oakland, San Diego, Berkeley, Emeryville, and Santa Monica require more. State Paid Family Leave (Unemployment Insurance Code 3300-3306) also applies statewide.
Violations & Penalties
Violations subject employers to administrative penalties, back wages, treble damages up to $4,000, and civil penalties under Labor Code 248.5 enforced by the Labor Commissioner.
Frequently Asked Questions
How much paid sick leave do California workers receive?
Are California cities preempted from passing paid leave laws?
Sources
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