What is the California sick leave law in 2026?

California's Healthy Workplaces, Healthy Families Act sets the statewide floor: employees earn at least 1 hour of paid sick leave per 30 hours worked from their first day, use can be capped at 40 hours or 5 days a year (whichever is greater), and new hires can start using leave on their 90th day of employment.

How much paid sick leave do California employees get in 2026?

An employer can cap use at 40 hours or 5 days a year, whichever is greater, and cap the total banked at 80 hours or 10 days. Because the law says "whichever is greater," an employee whose normal shift runs longer than eight hours may be entitled to more than 40 hours under the 5-day measure.

Can a California employer front-load sick leave instead of tracking accrual?

Yes. An employer can grant the full 40 hours (or 5 days) at the start of the year, and in that case it does not have to carry unused time over.

Do California cities require more sick leave than the state?

Several do, including San Francisco, Los Angeles, Oakland, Berkeley, Emeryville, Santa Monica, San Diego, and West Hollywood. Where a city requires more, the city rule is the one that applies.

Does California require unused sick leave to be paid out at separation?

No. Unused sick leave does not have to be cashed out when someone leaves, but it must be restored if the person is rehired within a year.

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California Paid Sick Leave (2026)

Verified as of August 18, 2026

State paid-sick requirement: Yes, statewide, for employers of every size
The law: Healthy Workplaces, Healthy Families Act (Labor Code 245 and following)
Annual amount (state floor): Use can be capped at 40 hours or 5 days a year, whichever is greater. The total an employee banks can be capped at 80 hours or 10 days.
How leave is earned: 1 hour per 30 hours worked, starting from the first day of work. Instead of tracking accrual, an employer can front-load the full 40 hours (or 5 days) at the start of the year, in which case it does not have to carry unused time over.
Depends on employer size?: No. The same rules apply regardless of employer size.
What it can be used for: The employee's own health or a family member's health, including preventive care, and safe time.
Wait before first use: New hires can begin using their leave on their 90th day of employment.

City and county ordinances

Several California cities set their own, higher standards, including San Francisco, Los Angeles, Oakland, Berkeley, Emeryville, Santa Monica, San Diego, and West Hollywood. These local ordinances were not displaced by the state law.
Where a city requires more (a higher bank, for example, or no cap on annual use), the city rule is the one an employer follows. An employer with staff in any of these cities checks the local labor-standards office for the current local figures.

Worth knowing

The law is written as "5 days or 40 hours, whichever is greater," so an employee whose normal shift runs longer than eight hours may be entitled to more than 40 hours when the 5-day measure produces a larger number.
California does not require unused sick leave to be paid out when someone leaves, though it does have to be restored if the person is rehired within a year.

Frequently asked questions

What is the California sick leave law in 2026?: California's Healthy Workplaces, Healthy Families Act sets the statewide floor: employees earn at least 1 hour of paid sick leave per 30 hours worked from their first day, use can be capped at 40 hours or 5 days a year (whichever is greater), and new hires can start using leave on their 90th day of employment.
How much paid sick leave do California employees get in 2026?: An employer can cap use at 40 hours or 5 days a year, whichever is greater, and cap the total banked at 80 hours or 10 days. Because the law says "whichever is greater," an employee whose normal shift runs longer than eight hours may be entitled to more than 40 hours under the 5-day measure.
Can a California employer front-load sick leave instead of tracking accrual?: Yes. An employer can grant the full 40 hours (or 5 days) at the start of the year, and in that case it does not have to carry unused time over.
Do California cities require more sick leave than the state?: Several do, including San Francisco, Los Angeles, Oakland, Berkeley, Emeryville, Santa Monica, San Diego, and West Hollywood. Where a city requires more, the city rule is the one that applies.
Does California require unused sick leave to be paid out at separation?: No. Unused sick leave does not have to be cashed out when someone leaves, but it must be restored if the person is rehired within a year.

Primary sources, verified as of August 18, 2026: Cal. Labor Code 246 (accrual, caps, front-loading, waiting period) · Cal. Labor Code 246.5 (permitted uses and safe time) · California DLSE: Paid Sick Leave

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