CA Sick Leave Update
California’s Healthy Workplaces/Healthy Families Act underwent significant amendments effective January 1, 2026, expanding when employees can use paid sick leave and clarifying employer obligations. These changes affect every California employer with workers who perform 30 or more days of work within a year.
The law permits two approaches to providing sick leave. Employers can use an accrual method where employees earn one hour for every 30 hours worked, beginning on the first day of employment. Accrued time carries over annually, though employers may cap total accrual at 80 hours or 10 days. Alternatively, employers can provide 5 days or 40 hours upfront at the beginning of each 12-month period, whichever is greater, eliminating accrual tracking and carryover requirements. Some California jurisdictions have sick leave requirements that go beyond the California minimums. Employees in those jurisdictions receive the higher entitlement.
Employees become eligible to use sick leave after 90 days of employment. Employers may limit annual usage to 40 hours or 5 days, whichever is greater. The 2026 amendments significantly expanded permissible uses beyond traditional health care. Employees may now use sick leave for jury duty, court appearances as a witness when subpoenaed, and obtaining protective relief if they or a family member is a victim of qualifying acts of violence. For employers with 25 or more employees, workers may also use sick leave to access victim-related relief and services.
Retaliation or discrimination against employees who request or use sick leave remains strictly prohibited. Employers must post the required notice where employees can easily read it. Violations can result in complaints to the California Labor Commissioner, potentially leading to reinstatement orders, back pay awards, and penalties.
Has your organization updated its sick leave policies and workplace postings to comply with the 2026 amendments?
Review your sick leave policies and practices with an employment attorney to ensure full compliance with California’s updated requirements and protect against enforcement actions.
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Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
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