Paid Sick for Court
AB 406 amends California’s paid sick leave law starting January 1, 2026. Labor Code Section 246.5 now expands when employees can use paid sick leave to include jury duty and attending judicial proceedings related to qualifying acts of violence—including domestic violence, sexual assault, and stalking.
This isn’t a minor adjustment. Section 246.5, California’s paid sick leave statute, already requires employers to provide paid sick leave, but AB 406 broadens when employees can use it. Employees can now take paid sick leave to comply with a subpoena, appear as a witness, or attend court proceedings related to acts of violence involving themselves or immediate family members.
⚠️Employers often deny paid sick leave requests for court appearances, assuming these don’t qualify as “medical” leave. Under the amended Section 246.5, that denial violates the statute. Denying protected leave creates retaliation exposure, even if the denial was based on a good-faith misunderstanding of the law.
The statute also protects employees from retaliation for requesting or using leave for these purposes. If you deny a request and then take adverse action against the employee—performance counseling, reduced hours, termination—expect legal claims alleging retaliation under Section 246.5(c).
Have your managers been trained on the expanded uses of paid sick leave under the amended Labor Code Section 246.5?
If your sick leave policies don’t reflect AB 406’s amendments to Section 246.5, consult with an employment attorney to update your policies and train supervisors before denying leave requests.
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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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