California paid sick leave
How sick leave builds, the use and balance caps, and what must be on the pay stub.
Last reviewed October 30, 2026. This article explains the rules in plain words. It is not legal advice: your company and its counsel decide your policy.
Since January 1, 2024, Labor Code 246 (as amended by SB 616) sets these floors for every California employer.
How it builds#
The accrual method is 1 hour for every 30 hours worked. Instead, an employer may front-load 40 hours (5 days) at the start of the year, or give at least 24 hours by the 120th day of employment and 40 hours by the 200th day.
Caps#
| Cap | Floor |
|---|---|
| Use in a year | The employer may cap use at 40 hours or 5 days |
| Balance | The employer may cap the balance at 80 hours or 10 days |
| Carryover | Unused accrued leave carries over; front-loaded leave need not |
On the pay stub#
The sick leave available must be shown on the wage statement, or in a separate writing, each payday (Labor Code 246(i)).
PTO as sick leave#
A PTO policy can count as sick leave if it meets all of the floors above. If PTO is used for sick time, the PTO balance is what must be shown.
Cities#
Los Angeles, San Francisco, Oakland, Berkeley, Emeryville, San Diego, Santa Monica and West Hollywood set their own higher amounts. Check the ordinance for each city where people work.
How Oh! Thyme handles it#
Each kind of time off has a balance, a rate and a cap. Sick leave builds from approved hours only, at the rate you set (1 hour per 30 by default in California), and a day approved twice never builds twice. People see their balance before they ask, and the time off balances report lists everyone's. See time off.
Sources#
- California DIR, paid sick leave: dir.ca.gov
- Labor Code 246 (SB 616, effective 2024-01-01)