Paid leave is a critical benefit for California employees, ensuring time to care for personal health or that of a loved one without the burden of lost wages. While California’s paid sick leave laws aim to support workers, they can be confusing, especially for part-time or temporary employees. Employers must understand their legal responsibilities, and employees need to know their rights to avoid potential disputes.
At KAASS LAW, we help workers navigate California labor laws and hold employers accountable when they violate those rights. In this blog, we’ll explain who is eligible for paid leave in California, how much time workers can accrue, how payment is calculated, and what happens when sick leave runs out.
Who Is Eligible for Paid Leave in California?
Under the Healthy Workplaces, Healthy Families Act of 2014, most employees in California who work for the same employer for 30 or more days within a year from their start date are entitled to paid sick leave. This includes:
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Full-time employees
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Part-time employees
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Temporary or seasonal workers
Exceptions to this rule apply to certain groups, such as:
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Employees covered by a valid collective bargaining agreement
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Federal and local government employees
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In-home supportive services providers
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Airline cabin crew and flight deck employees who receive paid leave under federal law
If you’re unsure whether you qualify for paid leave, it’s best to consult with an employment attorney to review your situation.
How Is Paid Sick Leave Accrued?
California law requires employers to provide at least one hour of sick leave for every 30 hours worked. Employers may cap annual paid leave at 24 hours or three days (whichever is more), and limit total accrual to 48 hours or six days.
However, companies can choose to offer more generous policies. They may also frontload sick leave at the start of each year instead of accruing it based on hours worked.
For example:
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An employee working 30 hours per week would accrue 1 hour of sick leave weekly and receive 52 hours in one year.
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If capped at 48 hours, any excess may not continue to accumulate unless the employer offers additional benefits.
Paid Leave for Part-Time Employees
Part-time workers are entitled to the same accrual rate as full-time workers—one hour of paid leave for every 30 hours worked. Employers cannot deny part-time workers their right to use earned sick leave.
During the COVID-19 pandemic, part-time employees with regular schedules were eligible for supplemental paid leave equal to two weeks’ worth of hours. Those with variable schedules qualified for seven times the average daily hours worked in the prior six months.
How Much Will I Earn While on Paid Leave?
When you take paid sick leave in California, your employer must pay you at your regular hourly rate. This applies to both exempt and non-exempt employees.
However, for COVID-19 supplemental paid sick leave, the rules vary slightly. Non-exempt employees are entitled to the highest of the following:
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Their regular rate of pay
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Their average pay in the previous 90 days
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California’s minimum wage or the local minimum wage, whichever is higher
Exempt employees receive their normal salary, as determined by the same method used to calculate other paid leaves (e.g., vacation time).
What If I Use All My Paid Sick Leave?
Employers are not obligated to pay employees who require additional time off after using all available sick leave. However, workers may still qualify for job-protected unpaid leave under California or federal law, such as:
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Family and Medical Leave Act (FMLA)
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California Family Rights Act (CFRA)
These laws protect eligible employees who need to care for a family member, recover from a serious illness, or welcome a new child. When a worker returns from leave, the employer must reinstate them to the same or a similar position. Retaliation, demotion, or termination due to time off under these laws is illegal.
What Happens If My Employer Denies My Sick Leave?
Employers in California may not deny, interfere with, or retaliate against employees for using their lawful paid sick leave. Common violations include:
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Refusing to let employees use accrued time
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Failing to provide notice of available leave
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Terminating or disciplining workers for using leave
If your employer violates your rights, you may file a complaint with the California Labor Commissioner’s Office or pursue legal action. Learn more about wrongful termination in California, one of the most common consequences employees face when they try to exercise their labor rights.
Do Employers Need to Track Paid Leave?
Yes. California law requires employers to maintain accurate records of sick leave accrual and usage for at least three years. They must also provide a written notice of available sick leave on each pay stub or attached document.
If you believe your employer isn’t properly tracking or displaying your paid leave, this may be a sign of noncompliance. For more details about employment law protections, check our blog on wage and hour violations.
Get Legal Help
You have legal options if you believe your employer has denied you leave or retaliated against you for using it. At KAASS Law, we help employees protect their rights and secure the compensation they deserve. Let us help you understand your sick leave entitlements and pursue a claim if your rights were violated.
📞 Call us today at 310.943.1171 or visit the California Department of Industrial Relations to learn more about your rights under state law.