New California Sick Leave Requirements for 2025

California has changed the minimum number of sick days employers can offer employees. Some of the changes took effect in 2024. Others became law on January 1^st, 2025.

The biggest change guarantees that most California employees receive 5 days or 40 hours of paid sick leave each year. Before 2024, employers could limit sick leave benefits to 24 hours or three days a year.

Who Gets Paid Sick Leave Under the New California Sick Leave Rules?

California’s Department of Industrial Relations (DIR) explains that all employees who work at least 30 days for the same employer within a year in California receive 5 days of sick leave or 40 hours of sick leave. The employee gets whatever would add up to more sick leave.

Employees generally get to start using sick days once they’ve worked for the employer for at least 90 days.

The sick leave is generally also available to qualifying part-time, per diem, in-home supportive services (IHSS) providers and temporary employees.

Who Isn’t Covered in the California Sick Leave Changes?

The DIR reports that these employees may be exempt from these sick leave requirements:

• Individuals employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of the paid sick leave law.
• Retired annuitants working for governmental entities.
• Employees of railroads.
• Employees in the construction industry covered by a collective bargaining agreement with specified provisions.

Some employees covered by a collective bargaining agreement may be partially exempt from these sick leave guidelines.

What If My Employer has a Different Sick Leave Policy?

Employers can offer more sick leave than what’s required by the state, but they can not provide fewer sick days to qualifying workers.

Employers may also have a PTO (paid time off) plan. These plans can offer more time off to employees, but they can’t fall below the state minimum of 5 days in most instances.

California employers are required to place a poster explaining the new sick leave policies in a place where it can be easily read by employees.

What If My City Enforces Its Own Sick Leave Requirements?

Some cities have their own sick leave guidelines. For instance, Los Angeles provides more than the state requirements, with a minimum of 6 days of paid sick leave for eligible workers.

Cities with their own employment rules must provide at least as much sick time as the state requires. With other factors, state and city guidelines must work together.

What’s a Reason I Can Use a Sick Day?

The DIR lays out the reasons employees can take a sick day:

• You can take a sick day for the benefit of yourself or a family member experiencing a health condition
• You can take a sick day for preventive health care, such as annual doctor’s visits or to get vaccinations
• Agricultural workers can use sick days to avoid adverse conditions such as smoke, heat, or flooding during a local or state emergency
• Effective January 1, 2025, employees can take sick days if they’ve been the victim of a crime or certain family members have been the victim of a crime

Victims can seek medical care for the injuries received due to a crime. They may also take time off to apply for a protective order against someone.

The law does not require employers to ask about the reason for a sick day or document a reason.

Contact a California Employment Lawyer If Your Right to Sick Leave Is Withheld

Restricting an employee’s sick days is illegal. All employees can report a violation to the DIR and can also explore filing a lawsuit to get what they are owed. In some cases, a skilled California Employment Lawyer can win this time and money back for victims and sometimes earn workers more than was taken from them.

Ferraro Vega Employment Lawyers offers a free case consultation to all victims of time and wage theft. Contact us as soon as possible.