What Is the Current Sick Leave Policy in California?

By Toni Jaramilla, A Professional Law Corporation

Employees sometimes think that they have to report to work when they’re sick. That means that everyone they’re working with and coming into contact with are at risk of getting sick if the issue is contagious. 

To address this and give workers a chance to recover when they’re sick, California requires employers to provide employees with paid sick leave. Understanding California law regarding sick leave can help employees understand their rights.

Updated paid sick leave requirements

As of January 1, 2024, California requires employers to provide every employee with 40 hours or five days of sick leave. The employer must use whichever is greater. This means that if a person is part-time, they would get 40 hours of sick leave instead of five days’ worth of hours. 

A person who works more than eight hours a day would get more than 40 hours of sick leave. For example, if they work 12-hour shifts, they would get 60 hours of sick leave per year. 

Most employees are covered

The requirement to receive paid sick leave in California is that the employee works for the company for at least 30 days in a year. There is also a 90-day employment period that’s required before taking the first sick day. This means that many per diem, part-time, temporary and in-home service providers will qualify for paid sick leave. 

Anyone who believes they aren’t receiving paid sick leave in accordance with the law can take action to get that time off or the pay they are due by seeking legal assistance.