Paid Sick Days
Lab. Code 246 — one hour for every 30 worked, usable from the 90th day
One hour per 30. An employee who works in California for the same employer 30 or more days within a year accrues paid sick days at not less than one hour for every 30 hours worked, and may use them beginning on the 90th day of employment.
- Unused days carry over, but the employer may limit use to 40 hours or five days a year.
- The employer may cap the total accrual at 80 hours or 10 days.
- Giving the full amount, five days or 40 hours, at the start of each year satisfies the section without accrual.
- Unused days are not paid out at separation, but are reinstated if the employee is rehired within one year.
On the employee's oral or written request, the employer provides paid sick days for diagnosis, care or treatment of an existing condition, or preventive care, for the employee or a family member, and for the other purposes the section lists.
Sources for this section (2)
- Lab. Code 246 — Paid sick days: eligibility, accrual and use
- Lab. Code 246.5 — Paid sick days: purposes and protection from retaliation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.