How Many Sick Days in California?

Posted by David Mara on Friday June 13, 2025

Knowing how many sick days in California you’re entitled to isn’t just a matter of policy; it’s about preserving your livelihood and protecting your health. In our practice throughout San Diego, we’ve met with countless individuals who faced uncertainty about whether they could take time off to recover from illness or care for a family member without risking their job.

California law offers clear and enforceable protections to ensure employees are treated fairly when health-related absences arise. These laws are not optional; they apply to most workers and outline employers’ specific responsibilities. At Mara Law Firm, PC, we help you fully understand your rights and take action if your employer fails to uphold them.

What Qualifies As Sick Leave In California?

Sick leave in California goes far beyond the simple need to rest when under the weather. The law defines qualifying ill leave, including time off for various personal and family health-related needs. In addition to recovering from an illness, sick leave can be used for:

• Managing a physical or mental health condition that limits your ability to work
• Attending scheduled medical appointments, including check-ups and specialist visits
• Caring for close relatives such as a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling who is experiencing a health issue
• Supporting a family member during hospitalization or post-surgery recovery
• Seeking medical attention, counseling, or legal services related to domestic violence, sexual assault, or stalking

In short, qualifying sick leave in California covers various scenarios that impact your or your family’s well-being. The law acknowledges that physical and emotional health are critical and provides the space workers need to address those matters without fear of losing their job or paycheck.

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Who Is Eligible For Paid Sick Leave In California?

Most employees in California are eligible for paid sick leave. According to the California Department of Industrial Relations, Paid Sick Leave (PSL) became a permanent part of the state’s labor code. As of January 1, 2024, workers are entitled to:

• At least 40 hours or five days of paid sick leave per year
• Eligibility requires that they have worked for the same employer for at least 30 days within a year
• Access to paid sick leave after completing a 90-day employment period

This includes full-time, part-time, and temporary workers, making it one of the broadest protections in the nation.

How Many Sick Days In California Can I Take?

California law requires employers to provide at least five paid sick days (or 40 hours) per year. According to the official state website, this rule applies to most employees and reflects the growing recognition of workers’ need for time to heal without losing income.

However, some local ordinances, like those in San Diego, may offer additional benefits. It’s essential to verify whether your city or county has laws that exceed the state minimum.

How Many Sick Days Do I Get If I Work Part-Time?

Part-time workers are entitled to paid sick leave under the same rules as full-time employees. Accrual typically occurs at a rate of one hour per 30 hours worked. Even if you only work a few days a week, you still have the right to earn and use paid time off when you’re sick or caring for a family member.

For instance, a part-time retail worker who works 15 hours a week could accrue 26 paid sick days annually. While reaching the full five-day equivalent may take longer, those hours are still protected and usable.

Is There A Waiting Period For Sick Leave?

Yes, there is a 90-day waiting period from the first day of employment before you can use accrued sick leave. This doesn’t mean you won’t start earning it sooner, but you must wait to use it until the three-month mark is reached.

This rule applies regardless of how many hours you’ve accrued during that time. If you’ve been with your employer longer than 90 days, your paid sick leave should be available for qualified use.

How Much Do I Get Paid While Out On Paid Sick Leave?

Your paid sick leave rate must match your regular rate of pay. If your earnings fluctuate or include commissions, the law requires employers to use a 90-day average to determine your rate.

This ensures fairness and consistency in pay, even for hourly or variable workers. Employers cannot reduce your rate because you’re not actively working those hours due to illness.

Can My Employer Provide Different Rules For Sick Leave In California?

Yes, but only if their policy is more generous than the state minimums. Employers can provide greater benefits, such as more hours, faster accrual, or the ability to roll over unused days into the following year.

However, they cannot offer less than what the law requires. If your employer’s policy fails to meet the basic standards of state or local laws, they may be violating your rights.

What Happens When My Paid Sick Leave Runs Out?

If your paid sick leave is exhausted, you may be able to take unpaid leave. Some employers allow additional unpaid days for extended illness, though they’re not required to unless protected by other laws like the Family and Medical Leave Act (FMLA).

If you’re dealing with a longer-term medical issue, you may qualify for other types of job-protected leave. Be sure to speak with someone who understands the full scope of California employment law.

Do I Get Paid For Unused Sick Leave If I Quit Or Get Fired?

No, California law does not require employers to pay unused sick leave when employment ends. Paid sick leave differs from vacation time, which must be paid upon separation.

However, you may be entitled to compensation if your employer combines sick leave with vacation under a paid time off (PTO) policy. This is where a detailed review of your employer’s policies becomes essential.

Contact Our Employment Lawyers Today To Protect Your Rights

If you believe your employer hasn’t complied with California’s paid sick leave laws, we can help. At Mara Law Firm, PC, we protect workers’ rights in San Diego and surrounding communities. Our team is ready to support you if you’ve been denied time off, shorted on pay, or terminated for using your sick leave. Call us at 619-234-2833 to speak with a legal team member today.

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

Contact us now for a free and confidential consultation

message us 619-234-2833