Paid sick leave is a fundamental right for workers in California, yet many employees are still denied time off or discouraged from using their leave when they need it most. Whether you’re dealing with a short illness, caring for a sick family member, or managing a chronic condition, it’s important to know what the law requires—and what to do if your employer doesn’t comply.
California’s Paid Sick Leave Law
Under California’s Healthy Workplaces, Healthy Families Act of 2014, most employees are entitled to paid sick leave. You accrue at least one hour of sick leave for every 30 hours worked, and you can begin using your accrued leave on the 90th day of employment. The law applies to full-time, part-time, and temporary workers.
In 2024, California updated its sick leave law with SB 616, which expanded the minimum required sick leave from 3 days (24 hours) to 5 days (40 hours) per year. Employers must allow workers to accrue and use at least this amount, although some local ordinances require even more generous policies.
Common Violations
Despite clear laws, violations are common. Some employers deny sick leave requests outright, require workers to find a replacement before taking leave, retaliate against employees for using or requesting time off, or misclassify employees as exempt from coverage. If you’ve been discouraged from taking sick leave, required to provide unnecessary documentation, or punished after calling in sick, your employer may be violating state law.
What Your Employer Must Do
California employers have a legal duty to clearly inform employees about their sick leave rights and make leave balances easily accessible, often through pay stubs or digital records. They are required to accurately track sick leave accrual and usage and must allow employees to use paid sick time for their own health needs, to care for a family member, for preventive care, or for situations related to domestic violence, sexual assault, or stalking. Employers cannot impose unreasonable requirements such as finding shift coverage or excessive documentation, and they are prohibited from retaliating against employees who exercise their right to take protected sick leave.
What to Do If You’re Denied Leave
If you’ve been denied paid sick leave or faced retaliation, start by documenting everything. Save emails, messages, and pay stubs. Submit a written complaint to your HR department or supervisor, and keep a copy for your records.
If your employer doesn’t correct the issue, you can file a complaint with the California Labor Commissioner’s Office (also known as the Division of Labor Standards Enforcement). You also have the right to consult an attorney to explore legal remedies, especially if you’ve lost wages or experienced retaliation.
Conclusion
Being sick shouldn’t mean losing your job or your income. California law provides strong protections to ensure workers can take time off to care for themselves and their loved ones without fear of punishment. If your employer isn’t honoring your rights, don’t wait to act.
The experienced employment attorneys at Rothschild & Alwill, APC are here to help. Contact our Bakersfield office at (661-369-8510) or our Santa Barbara office at (805-845-1190) for a free and confidential consultation. Se habla Español.