California generally requires employers to provide at least 40 hours or five days of paid sick leave per year, whichever gives the employee more leave. An employer may let leave accumulate as you work or provide the annual amount up front. These approaches can produce different balances during the year, so check which method your employer uses before comparing your pay statement with a calculation.
Accrual, the amount you may use in one year and the balance you may carry into another year are separate questions. This guide explains the general statewide rules; a more generous local ordinance or employer policy may also apply.
Who is covered, and when can you use leave?
In general, an employee who works for the same employer in California for at least 30 days within a year is covered, including part-time and temporary employees. The California Labor Commissioner lists narrow exceptions and special collective bargaining agreement rules. An employee ordinarily must complete 90 days of employment before using paid sick leave, although an employer may permit earlier use.
These are different milestones: working 30 days concerns coverage; completing the 90-day employment period concerns when leave may be taken. Accrual can occur before the employee is eligible to use the hours.
How does the one-hour-for-30-hours method work?
Under the standard accrual method, an employee generally earns at least one hour of paid sick leave for every 30 hours worked. For an illustration, 90 hours worked produces three hours of sick leave at that rate; 300 hours worked produces ten hours. Check the employer’s records for the actual hours, prior balance, leave used and any applicable cap.
| Hours worked in the example | Leave earned at 1:30 | What the figure means |
|---|---|---|
| 30 hours | 1 hour | Newly accrued leave before any use |
| 90 hours | 3 hours | Newly accrued leave before any use |
| 300 hours | 10 hours | Newly accrued leave before any use |
California also permits certain other regular accrual schedules. The Labor Commissioner explains that an alternative schedule generally must produce at least 24 hours by the 120th calendar day and at least 40 hours by the 200th calendar day of employment, calendar year or applicable 12-month period. The 1:30 method has its own treatment under that test. Do not assume every compliant plan adds the same number of hours each pay period.
What does an up-front policy provide?
Instead of adding leave as hours are worked, an employer may provide the full annual amount at the beginning of its chosen year-long period. The employer may use an employment anniversary, calendar year or another 12-month period. For an initial hire, the Labor Commissioner describes separate milestones under which three days or 24 hours must be available by the 120th calendar day and five days or 40 hours by the 200th calendar day.
Check the written policy to see when the employer’s annual period starts and when the hours appear. A balance granted up front should not be estimated by dividing 40 hours across pay periods.
Why do the rules say “40 hours or five days”?
The minimum is five days or 40 hours, whichever is more. The length of the employee’s usual workday matters. The Labor Commissioner gives an example of someone who works 10-hour days: five days would require at least 50 hours. For someone who works six-hour days, using five days would total 30 hours, leaving ten hours of a 40-hour balance, assuming the full amount had been earned or provided up front.
Ask how the employer applies the day and hour measures to your schedule. A figure of 40 hours should not automatically be treated as five complete shifts for someone who usually works longer shifts.
Accrual cap, annual use and carryover
| Term | General statewide rule |
|---|---|
| Annual use | An employer may generally limit use to 40 hours or five days in a year, whichever is more. |
| Accrual and carryover | Under an accrual plan, unused sick leave carries over. An employer may set an overall accrual cap of 80 hours or ten days, whichever is more. |
| Up-front plan | The full required amount is provided for the applicable year-long period, subject to the initial-hire rules. |
An 80-hour accrual cap does not mean every employee may use 80 hours each year. Likewise, a 40-hour annual use limit does not necessarily erase hours that have carried over. Review the employer’s policy and the balance available at the start and end of its defined year.
How to check your sick leave balance
- Identify the plan. Find out whether sick leave is in a separate bank, included in a combined PTO bank, earned from hours worked or provided up front.
- Find the employer’s year. It may follow the calendar year, your anniversary or another 12-month period.
- Reconcile the entries. Compare the opening balance, hours earned or granted, hours used and any applicable cap with your records.
- Check the statement. California requires the available sick leave to appear on the pay stub or in a document provided on the same day as the wages.
The PTO balance calculator can help with the simple arithmetic of opening balance plus additions minus use. It cannot decide whether an accrual method, cap or leave request complies with California law. Our PTO accrual calculator models equal accrual per completed pay period; it does not calculate California’s one-hour-for-30-hours-worked method automatically.
Frequently asked questions
Does a part-time employee qualify?
Generally, yes, if the employee meets the California work and employment requirements and no exception applies. The amount earned under a 1:30 accrual plan depends on hours worked.
Can a combined PTO plan satisfy the sick leave requirement?
Yes, if the PTO can be used for qualifying sick leave purposes and the plan meets the applicable minimum requirements for accrual, carryover and use. The terms of a combined bank also matter when employment ends; see our California vacation and PTO payout guide for that separate question.
Must unused sick leave be paid out when I leave?
A separate paid sick leave balance does not automatically have to be cashed out under California’s state sick leave law unless the employer’s policy provides for it. A combined vacation and sick leave PTO bank may be treated differently at separation. This guide concerns earning and using leave, not the final payout calculation.
Can a city require more sick leave?
Some local rules provide greater benefits. The Labor Commissioner says an employer generally must comply with the more generous applicable requirement, while certain specific subjects are governed by state law. Check the rules for the city where you work as well as the employer’s policy.
Sources and methodology
Reviewed October 8, 2026. Coverage, waiting periods, accrual, up-front plans, the five-day or 40-hour measure, caps, carryover, pay-statement information and the distinction from payout were checked against the California Labor Commissioner’s Paid Sick Leave Frequently Asked Questions. The worked-hour examples apply the stated 1:30 rate to hypothetical totals. This guide explains general statewide rules and does not determine an individual employee’s entitlement.