One rule · checked 19 October 2026
California sick leave: you can't cap yearly use below five days or 40 hours.
Labor Code 246 sets accrual at one hour for every 30 hours worked. Since 1 January 2024, the lowest yearly limit on use is five days or 40 hours.
The short version
Under Labor Code 246, employees earn one hour of paid sick leave for every 30 hours worked. You may limit their use to five days or 40 hours a year.
Or front-load the five days at the start of each year. Accrual can be capped at 10 days or 80 hours.
Check your handbook, and check your city too. Some cities require more.
In numbers
| Rule | Minimum |
|---|---|
| Accrual | 1 hour for every 30 hours worked |
| Lowest limit on yearly use | 5 days or 40 hours (it was 3 days or 24 hours) |
| Front-loading instead | 5 days or 40 hours at the start of each year |
| Cap on total accrued leave | No lower than 10 days or 80 hours |
Sources
Checked on 19 October 2026.
"An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked"
California Labor Code section 246. Subdivision (b)(1). "an employer may limit an employee's use of accrued paid sick days to 40 hours or five days"
California Labor Code section 246. Subdivision (d). "Before January 1, 2024, an employer could limit an employee's use to 24 hours or three days during a year."
Labor Commissioner: California paid sick leave. Updated 31 December 2025.
Where a city ordinance is more generous, the employer must provide the more generous leave, the Labor Commissioner says. The cap on accrued leave is in Labor Code 246(j).
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