California’s paid sick leave law now provides a minimum of 40 hours (5 days) under SB 616. Our detailed 2025 guide explains the new rules for accrual, usage for safety leave, and your legal options if rights are violated.
The Foundation: The Healthy Workplaces, Healthy Families Act (2015)
Key Takeaways
- California’s paid sick leave law now mandates a minimum of 40 hours (5 days) per year under SB 616.
- The law includes new provisions for safety-related leave starting in 2025, covering situations like domestic violence and stalking.
- Employers must provide at least 24 hours of sick leave by the 120th day of employment and make the full 40 hours available by the 200th day.
- Retaliation protections extend to all employees, including those under collective bargaining agreements.
- Workers should document any violations to seek legal recourse against employers who deny rights related to paid sick leave law California.
Estimated reading time: 7 minutes
California’s paid sick leave law represents one of the strongest worker protections in the nation, and recent expansions have made it even more robust. As of 2024, Senate Bill 616 increased the minimum leave to 40 hours, and starting in 2025, new laws allow its use for critical safety-related situations. This definitive guide breaks down exactly how the law works, what you are entitled to, the specific timeline of changes, and the concrete steps to take if your employer fails to comply.
Part 1: The Foundation and Evolution of the Law
To begin with, California’s paid sick leave mandate originated with the Healthy Workplaces, Healthy Families Act of 2014, which officially took effect on July 1, 2015. At the time, this landmark legislation marked a major step forward by establishing a statewide baseline floor of employee rights.
The Original Framework (2015–2023)
Under this initial structure:
- Accrual Method:
Employees earned at least one hour of paid sick leave for every 30 hours worked, creating a predictable accrual system tied directly to hours on the job. - Annual Minimum:
In addition, employers were required to provide a minimum of 24 hours (or three days) of paid sick leave per year. - Accrual Cap:
Meanwhile, employees could carry over unused leave, but only up to a cap of 48 hours (six days). - Permitted Use:
Importantly, this leave could be used not only for the employee’s own physical or mental illness and preventive care, but also to care for a designated family member.
However, despite being transformative at the time, this framework soon revealed its limitations. In practice, three days of leave often proved insufficient, particularly for employees managing chronic health conditions, caring for ill family members, or recovering from more serious medical events. As a result, advocates increasingly called for stronger, more realistic protections.
Part 2: The 2024 Major Upgrade — A Deep Dive into SB 616
In response to these growing concerns—and in recognition of evolving workplace realities—California enacted Senate Bill 616, which took effect on January 1, 2024. Notably, this legislation represents the most significant expansion of paid sick leave rights to date.
Detailed Breakdown of SB 616 Changes
1. Increased Annual Minimum Entitlement
First and foremost, SB 616 substantially raised the minimum amount of paid sick leave available to employees:
- New Minimum:
Employees are now entitled to 40 hours (or five days) of paid sick leave per year. - Why it matters:
This 67% increase over the prior 24-hour requirement better reflects real-world needs, such as recovering from minor surgery or caring for a sick child through a full week-long illness.
2. Faster and More Accessible Accrual Schedule
Equally important, SB 616 accelerated how quickly employees can actually use their leave:
- Employers must make at least 24 hours of paid sick leave available by the employee’s 120th day of employment.
- The full 40 hours must be available by the 200th day of employment.
As a result, new employees are no longer forced to wait nearly an entire year to access meaningful paid leave—closing a long-standing gap that disproportionately affected short-tenure and lower-wage workers.
3. Higher Accrual and Carryover Cap
In addition, the law increased the maximum amount of leave employees may accrue or carry over from year to year:
- Old cap: 48 hours
- New cap: 80 hours (10 days)
Practically speaking, this allows workers to “bank” leave for unexpected health crises or major caregiving responsibilities without losing earned benefits.
4. Strengthened Anti-Retaliation Protections
Finally, SB 616 closed a critical loophole by explicitly extending anti-retaliation protections to employees covered by collective bargaining agreements (CBAs).
From a legal standpoint, this ensures that all employees—unionized or not—are equally protected from punishment for exercising their lawful right to paid sick leave.
Part 3: The 2025 Expansion — Paid Sick Leave for Safety and Survival
Looking ahead, California continues to lead the nation by recognizing that health is holistic. Accordingly, two new laws—SB 1105 and AB 2499—take effect on January 1, 2025, further expanding what paid sick leave can be used for.
New Allowable Uses for Accrued Sick Leave
Beginning in 2025, employees may use paid sick leave for needs arising from:
- Domestic violence
- Sexual assault
- Stalking
Specifically, this includes—but is not limited to—time off to:
- Seek a restraining order, injunction, or other court-ordered protection
- Attend court proceedings related to the incident
- Obtain medical, psychological, or counseling services
- Relocate or take steps to secure existing housing for safety reasons
The Big Picture
Taken together, these changes reflect a profound shift in policy. By acknowledging that trauma and threats of violence constitute a serious health crisis, California ensures that employees no longer have to choose between personal safety and financial survival.
Part 4: Your Comprehensive Rights & Responsibilities
Who Is Covered
Broadly speaking, the law applies to nearly all employees who work in California for 30 or more days within a year, including:
- Full-time employees
- Part-time employees
- Temporary workers
- Seasonal workers
Key Employee Takeaways
- You have more time:
A guaranteed minimum of 40 hours (five days) of paid sick leave per year. - Your leave is protected:
Retaliation for using or requesting sick leave is illegal, including termination, demotion, reduced hours, or harassment. - Usage is broad—and expanding:
Covers personal and family illness, preventive care, and—starting in 2025—designated safety-related needs. - Notice requirements:
For foreseeable leave, reasonable advance notice is required. For emergencies, notice must be given as soon as practicable. - Documentation limits:
Employers may request a doctor’s note only after three consecutive days of absence.
Part 5: Recognizing Violations and Your Legal Recourse
Unfortunately, despite clear legal mandates, violations remain common. You may have a strong legal claim if your employer:
- Denies accrual or use of paid sick leave
- Engages in retaliation after you request or use leave
- Fails to provide the 40-hour minimum under the 2024 schedule
- Misclassifies you as an independent contractor
- Illegally demands documentation for absences under three days
- Wrongfully denies safety-related leave beginning in 2025
Your First Step
For authoritative guidance, always consult the California Department of Industrial Relations Paid Sick Leave Portal.
Building Your Case
Equally important, documentation is critical. Be sure to keep:
- Pay stubs showing sick leave accrual
- All written communications regarding leave
- Notes from verbal conversations (dates, times, participants, content)
- Records of any retaliatory actions
Facing retaliation?
Learn more about your protections under California’s anti-retaliation laws.
For more Information:
California Department of Industrial Relations (DIR) – Paid Sick Leave Portal
SB 616 Text– California Legislative Information
Healthy Workplaces, Healthy Families Act California Legislative Information
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IMPORTANT DISCLAIMERS:
AI-Generated Content Disclosure: The core legal information is based on California law, but the presentation and structure were AI-enhanced for educational clarity.
Legal Disclaimer: This video is for educational and informational purposes only. It does not constitute legal advice, nor does it create an attorney-client relationship. You should consult directly with a qualified California attorney licensed in your state for advice on your specific legal situation. Laws and procedures change, and your individual circumstances require personalized counsel.
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