You Don’t Have to be Sick to Use Sick Time in California

In California, employees can use paid sick leave (PSL) for more than just their own illness or doctor appointments. In fact, in addition to using PSL for things like routine check-ups (preventive care), mental health days, and when family members are ill, many other qualifying reasons aren’t related to illness at all.

A new bill last year, AB 406, clarified additional instances when paid sick time must be made available, so this is a good time to make sure your PSL policy is up-to-date. Maintaining a current and accurate handbook can reduce the risk of employee claims and enforcement.

Permitted Uses for California Paid Sick Leave:

• Employee’s Own Health: Diagnosis, care, or treatment of an existing health condition or for preventive care for the employee (e.g., annual physicals or flu shots).
• Family Member's Health: For the employee to care for a covered family member for the same reasons, including a child, parent, spouse, domestic partner, grandparent, grandchild, sibling, or a “designated person.”
• For Crime Victims: When an employee or their family member is a crime victim and the employee is seeking legal relief (like a restraining order), or attending judicial proceedings related to certain serious felonies. Additional reasons apply to employers with 25 or more employees, such as for medical attention, counseling, social services, providing care to a family member recovering, or for safety planning/relocation.
• Jury Duty & Witness Leave: When the employee reports for jury duty or to testify in court after receiving a subpoena or court order.
• Bereavement Leave: For covered family-member deaths and reproductive-loss events (applies to employers with 5 or more employees).
• Agricultural Workers: To avoid smoke, heat, or flooding from a local/state emergency.

Paid Sick Leave: Important Reminders

• All Employees are Entitled: All employees are entitled to California PSL, and it is not prorated for part-time employees. It applies to all employees who work at least 30 days for the same employer within a year in California, with a few narrow exceptions.
• Employers Have Options: Employers have a few different options to satisfy California’s PSL requirements. The most common ones include (1) a frontload of 40 hours or 5 days each year—unused PSL does not carry over into the new year, or (2) an accrual method per hour worked, with a minimum of one hour of paid sick leave earned for every 30 hours worked—unused PSL must carry over but employers may set an accrual cap, limiting PSL balances to 80 hours or 10 days.
• Sick Leave is (Very) Protected: Employers cannot retaliate against employees for using PSL and these absences should not count against attendance.
• Don’t Require a Doctor’s Note: Employees are allowed to use PSL upon request—a doctor’s note isn’t required. Based on Labor Commissioner guidance, CEA does not recommend requiring a doctor’s note when an employee uses PSL (unless they may qualify for another protected leave requiring medical certification, e.g., PDL, CFRA, FMLA).

Why It Matters

For employers, timely updates to handbook policies are essential to reduce risk and stay aligned with California law. CEA members may access our complimentary annual handbook updates here, or reach out to CEA to customize or update your handbook for you, at 800.399.5331 or CEAinfo@employers.org