Davis CaesarHow many paid sick days does California law guarantee? Senate Bill 616 (SB 616), signed by Governor Gavin Newsom in October 2023 and effective January 1, 2024, raised the statewide minimum to 40 hours — or 5 days — per year, up from the 24 hours or 3 days set by the 2014 Healthy Workplaces, Healthy Families Act. That increase affects nearly every worker in the state, from full-time salaried employees to part-timers logging as few as two days a week.
This guide answers the questions California employees and HR teams ask most often about SB 616: who is covered, how hours accrue, what reasons qualify, how pay is calculated, and what penalties apply when employers fall short.
| Before SB 616 (pre-2024) | After SB 616 (Jan 1, 2024) | |
|---|---|---|
| Minimum annual usage | 24 hours / 3 days | 40 hours / 5 days |
| Accrual rate | 1 hour per 30 hours worked | 1 hour per 30 hours worked |
| Carryover cap | 48 hours / 6 days | 80 hours / 10 days |
| Front-load option | 24 hours / 3 days | 40 hours / 5 days |
[California Department of Industrial Relations (DIR), 2024]
How Many Sick Days Does SB 616 Guarantee California Employees?
SB 616 sets a floor, not a ceiling. Starting January 1, 2024, employers must allow employees to accrue at least 1 hour of paid sick leave for every 30 hours worked — a rate unchanged from the prior law. The critical shift is the cap on annual use: employees can now use up to 40 hours or 5 days per year, whichever is greater for the employer's defined workweek. An employer whose workday is 10 hours owes 50 hours of usable leave under the "5 days" calculation, for example.
Unused sick leave carries over into the next year, but employers may cap the total accrued balance at 80 hours or 10 days. Under the alternative "front-load" method, an employer may grant 40 hours or 5 days at the beginning of the year all at once, avoiding the need to track accrual month by month. When an employer front-loads the full amount, carryover is not required — but only if the full 40-hour grant is provided at the year's start.
À retenir: The three numbers to remember under SB 616 are 40 hours (annual usage minimum), 1-in-30 (accrual rate), and 80 hours (maximum accrued cap). Any employer policy below these thresholds is non-compliant as of January 1, 2024.
Who Qualifies for Paid Sick Leave Under California Law?
SB 616 covers virtually every employee who works in California for the same employer for 30 or more days within a year. The law explicitly includes full-time, part-time, temporary, and seasonal workers, as well as per diem and in-home supportive services employees. There is no minimum hours-per-week threshold — a worker clocking 8 hours one week and 12 the next still accrues leave.
The notable exceptions are narrowly defined:
- In-home supportive services workers covered by a specific collective bargaining agreement may follow the agreement's terms instead, provided the agreement offers comparable or greater protections.
- Certain flight deck and cabin crew members of airlines that already comply with the Railway Labor Act's leave requirements.
- Construction industry workers covered by a qualifying collective bargaining agreement that specifically addresses paid sick days.
Independent contractors classified under California's ABC test (Assembly Bill 5, or AB 5) do not receive paid sick leave under SB 616 because they are not employees. However, many workers misclassified as independent contractors may have grounds to claim employee status — and with it, sick leave entitlements. The California Labor Commissioner's Office handles such misclassification complaints.
When Can Employees Start Using Paid Sick Leave?
Accrual begins on the first day of employment, but SB 616 — like the original 2014 law — allows employers to impose a 90-day waiting period before an employee may actually use any accrued hours. An employee hired on February 1, 2026 begins accruing immediately but cannot use leave until May 2, 2026.
How Much Leave Can Be Used at One Time?
California law limits the minimum increment of use to 2 hours — an employee cannot be required to take sick leave in chunks smaller than 2 hours, even if the absence is shorter. Employers may allow smaller increments if they choose.
For foreseeable absences (a scheduled medical appointment, for example), employers may require reasonable advance notice — typically 24 to 48 hours. For unforeseeable absences (sudden illness), employees must notify the employer as soon as practicable; there is no defined hours window. Critically, employers cannot deny leave solely because the employee did not find a substitute.
Employers may require employees to use sick leave in full-day increments only if the company's policy for other paid time off (such as vacation) also requires full-day use. Otherwise, incremental use down to the 2-hour minimum must be permitted.
What Reasons Qualify for California Paid Sick Leave?
SB 616 preserves the qualifying reasons from the original 2014 law and makes no changes to this list. Employees may use paid sick leave for:
- Personal health needs — diagnosis, care, or treatment of an existing health condition; preventive care for the employee themselves.
- Family member care — the same scope of care for a child (including adult children), parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
- Domestic violence, sexual assault, or stalking — for medical attention, legal proceedings, safety planning, or related services for the employee or a covered family member.
California's definition of "child" is expansive: it includes biological, adopted, or foster children; stepchildren; children for whom the employee stands in loco parentis (in the place of a parent); and children of a domestic partner.
Employers cannot require documentation (a doctor's note, for example) as a condition of approving sick leave, at least for absences of reasonable duration. The DIR has declined to define a precise threshold, but consistent enforcement guidance suggests that demanding documentation for absences of three days or fewer is typically impermissible. For longer absences, a medical certification request must be limited in scope and not used as a pretext for retaliation.
How Is Sick Pay Calculated Under SB 616?
For Hourly (Non-Exempt) Employees
Non-exempt employees are paid at their regular rate of pay for the workweek in which the sick leave is used — not simply their base hourly wage. The regular rate must include any non-discretionary bonuses, commissions, and piece-rate compensation earned that week. This mirrors the calculation standard used for California overtime law.
Step-by-step calculation for a non-exempt employee:
- Identify all non-discretionary compensation earned in the workweek of leave.
- Divide total compensation by total hours worked (plus sick leave hours).
- The resulting rate applies to each sick leave hour.
Example: An employee earns $18/hour plus a $90 non-discretionary production bonus in a 40-hour week, uses 8 sick hours, and works 32 hours. Total compensation: $18 × 32 + $90 = $666. Regular rate: $666 ÷ 40 = $16.65/hour. Sick pay for 8 hours: $133.20 — not simply $18 × 8 = $144.
For Salaried (Exempt) Employees
Exempt employees — those classified under executive, administrative, or professional exemptions — receive their standard weekly salary without any reduction for sick days taken. Deducting pay from an exempt employee's salary for sick leave of less than a full workweek can destroy the employee's exempt status under California law.
What Happens When an Employer Violates California's Sick Leave Law?
The California Labor Commissioner's Office (also called the Division of Labor Standards Enforcement, or DLSE) enforces SB 616. Employees may file a complaint online or at any DLSE district office — there is no filing fee.
Penalties employers face for violations include [California Labor Code §248.5, 2024]:
- $50 per day civil penalty for each day the violation continues (up to $4,000 maximum per complaint)
- Reinstatement and recovery of back wages for any sick leave wrongfully denied
- Administrative penalties of $100 to $200 per employee per violation
- Additional civil penalties of $250 per employee per violation if the employer acted willfully
Anti-retaliation protection is explicit. SB 616 prohibits employers from firing, suspending, reducing pay, or otherwise retaliating against employees for using or attempting to use paid sick leave. There is a rebuttable presumption of retaliation if the adverse action occurs within 30 days of an employee exercising a sick leave right — meaning the burden shifts to the employer to prove the action was not retaliatory.
Employees have three years from the date of a violation to file a complaint. Given California's Healthy Workplaces, Healthy Families Act enforcement framework, the DLSE can also initiate investigations independently — without a worker complaint — if patterns of non-compliance emerge.
Frequently Asked Questions About SB 616
Does paid sick leave carry over if I change jobs within California?
No. Accrued sick leave does not transfer between employers. California law does not require employers to pay out unused sick leave upon termination (unlike vacation time, which is treated as earned wages). Your balance resets when you begin working for a new employer, and the 90-day waiting period applies again.
Can my city's sick leave ordinance give me more than 5 days?
Yes. Several California cities and counties — including San Francisco, Los Angeles, San Diego, Oakland, and Santa Monica — have local sick leave ordinances that exceed the SB 616 minimums. Where local ordinances are more generous, the local law controls. SB 616 sets a statewide floor; it does not preempt more protective local rules.
Can my employer combine sick leave and vacation into a single PTO bank?
Yes, if the combined bank meets or exceeds the SB 616 minimums — at least 40 hours or 5 days per year available for use for any reason — the combined policy satisfies the law. The key is that the total available balance must be at least 40 hours usable for qualifying sick leave reasons, and the carryover cap cannot fall below 80 hours.
Does SB 616 apply to remote workers living outside California who work for a California employer?
Coverage depends on where the work is performed, not where the employer is located. An employee who physically works in California — even occasionally — accrues sick leave under California law for those hours. A fully remote employee located in another state working for a California company does not accrue California sick leave rights, unless they physically perform work within California.
Legal disclaimer: The information on this page is provided for informational purposes only and does not constitute legal advice. California employment law is complex and fact-specific. Consult a licensed California employment attorney or contact the California Labor Commissioner's Office for guidance on your individual situation.
