Paid sick days in California

This page covers paid sick days only. It is general information, not legal advice. For longer leave, or pay when you cannot work at all, see Your rights at work.

How many sick days do I get?

At least 5 days or 40 hours of paid sick time each year, whichever gives you more. That is California law.

Work 10 hour days? Then you get at least 50 hours, because 5 days of your shifts is more than 40 hours.

You earn sick time from your first day on the job. You can start using it on your 90th day. Your employer gives it to you in one of these ways:

• You earn it as you work. You get at least 1 hour for every 30 hours you work. Some employers use a different schedule, but you must have at least 24 hours by your 120th day on the job and 40 hours by your 200th day.
• You get it all at once. Some employers give the full amount at the start of each year.

Unused hours: if you earn your time as you work, unused hours carry over to next year. Your employer may stop you from building up more than 80 hours or 10 days in total. It may also limit how much you use in one year to 5 days or 40 hours.

Your balance: your pay stub, or a paper you get on payday, must show how many sick hours you have.

If you leave your job: your employer does not have to pay you for unused sick time, unless its own policy says so. Hired back by the same employer within one year? Your unused hours come back.

How do I ask for sick time?

1. Tell your employer. Say it or write it. A text or a short note works. Keep a copy or a photo.
2. Tell them early when you can. Planned visit, like a doctor's appointment? Tell them ahead of time. Sudden illness or emergency? Tell them as soon as you can.
3. You do not have to give the full reason. Your employer does not have to ask why or write it down.
4. You do not have to find someone to cover your shift. Your employer cannot make that a condition.
5. You decide how much time you need. Your employer can set a smallest amount you must take at once, but it cannot be more than 2 hours.
6. Check your next paycheck. Your sick pay is due by your next regular payday.

Doctor's notes: in general, your employer cannot say no just because you do not have a note from a doctor. An employer may ask for proof only in limited cases, when it has information that the time was not used for a covered reason.

What can I use sick days for?

Health care for you or your family. See a doctor, get a diagnosis, get treatment, or get care like a checkup or a flu shot. You can also use it to care for a family member who is sick.

Family includes your:

• Child (biological, adopted, foster, stepchild or legal ward, at any age)
• Parent, stepparent or legal guardian, and your spouse's parents
• Spouse or registered domestic partner
• Grandparent or grandchild
• Brother or sister
• One person you choose, like a cousin, close friend or chosen family member. You name this person when you ask for the time. Your employer may limit you to one chosen person every 12 months.

Safety (safe time). If violence has touched you or your family, you have a right to time to get safe. If you or a family member were hurt or threatened by violence, such as domestic violence, sexual assault, stalking, or a threat or act with a weapon, you can use sick days to:

• Get a restraining order or other protective order
• Go to certain court hearings about serious crimes

If your employer has 25 or more workers, you can also use sick days to get medical care, go to a shelter or counseling, make a safety plan, move to a safer place, get legal help, go to court, care for a family member who was hurt, or arrange child care or care for a dependent adult for safety reasons.

No police report, arrest or conviction is needed.

Jury duty and court. You can use sick days for jury duty, or to be a witness in court when you are ordered to go.

Farmworkers. If you work outdoors in agriculture, you can use sick days to stay away from smoke, heat or flooding during a declared state or local emergency. This includes when your worksite is closed because of it. For your right to water, shade and rest on hot days, see Heat at work.

Am I covered?

Yes, if you work at least 30 days within a year for the same employer in California. Your immigration status does not matter. This includes:

• Part time and full time workers
• Temporary and per diem workers
• Workers hired through a staffing agency
• In Home Supportive Services (IHSS) providers

Household workers are covered too. The state law's list of exceptions does not include them, so a nanny, housekeeper or caregiver hired by a family is covered like other workers.

The main exceptions are some workers under a union contract that meets special rules, airline flight and cabin crews, railroad workers, and retired government workers who come back to work for a public agency. Even some union workers who are partly left out still keep key protections, like the right to ask without being punished.

How much will I be paid?

Your regular rate, not overtime. If you are paid by the hour, your employer uses one of two ways:

• Your regular rate of pay for that week, or
• Your total pay over the last 90 days (not counting overtime extra pay), divided by the hours you worked.

If you are paid a salary, you are paid the same way your employer pays other paid time off.

What if my employer says no or punishes me?

Your employer may not deny sick time you have earned. It may not punish you for using it, asking for it, or complaining. Punishment can mean firing, cutting hours, a bad write up or threats. That is illegal retaliation.

If your employer takes action against you within 30 days after you file a complaint with the Labor Commissioner, say your sick leave rights were broken, help with an investigation, or speak up against a rule that breaks this law, the law assumes it was retaliation unless the employer shows otherwise.

• Unpaid sick time: you can file a wage claim with the Labor Commissioner. Our guide How to file a wage claim walks through each step.
• Punished for using sick time: you can file a retaliation complaint. You usually have one year to file. See also Your rights at work.

Does my city give me more?

Maybe. Some Bay Area cities have their own sick leave laws. Your employer must follow whichever rule gives you more.

In San Francisco, Oakland and Berkeley you earn 1 hour for every 30 hours worked.

East Palo Alto, San Mateo County and Santa Clara County: we did not find a city sick leave law in any of these places, so plan on the state rules above. There is no single official list of city sick leave laws, so check your own city. Look up your city's labor or minimum wage page, or ask the Labor Commissioner (833-526-4636) or a free clinic.

Nannies, house cleaners and other household workers in San Francisco can ask the city's Office of Labor Standards Enforcement which sick leave rules cover them.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Labor Commissioner: sick pay claims and retaliation complaints. Phone 833-526-4636. Paid sick leave FAQ (dir.ca.gov)
• Legal Aid at Work: a free workers' rights clinic for people within its income limits, or age 60 and over, with help in Spanish and many other languages. Workers' Rights Clinic (Legal Aid at Work)
• San Francisco Office of Labor Standards Enforcement: for work in San Francisco. (415) 554-6271, psl@sfgov.org. Office of Labor Standards Enforcement (sf.gov)
• Oakland Department of Workplace and Employment Standards: for work in Oakland. 510-238-6258, minwageinfo@oaklandca.gov. Oakland labor laws
• Berkeley Labor Standards and Enforcement: for work in Berkeley. (510) 981-5400, LaborStandards@berkeleyca.gov. Berkeley workforce standards
• Emeryville Minimum Wage and Paid Sick Leave: for work in Emeryville. minwage@emeryville.org. Emeryville ordinance page

Is there a note I can use?