California leave laws are some of the most generous in the US. Employers must offer paid sick leave, the state pays partial wages during disability and family leave, and earned vacation counts as wages.
This guide covers the main California leave laws for 2026: PTO, sick leave, disability insurance, parental leave, bereavement, jury duty, military and voting leave, plus the state’s public holidays. In addition, a leave tracker like Day Off can help employers and employees keep track of all of it.
Paid Time Off (PTO) in California
Leave Quota
California leave laws don’t require employers to offer a set amount of paid time off (PTO). If they do offer it, the policy must follow state rules and be clear to employees.
Employers can either:
- Give the full year’s PTO upfront (front-loading), or
- Let employees accrue PTO over time, usually based on hours worked.
Accrual
Employers can set their own PTO accrual rates, as long as the method is reasonable. Accrual is usually tied to hours worked, for example 1 hour of PTO for every 40 hours worked.
Employers can also cap accrual. The cap must still let employees earn and use a reasonable amount of PTO. A common cap is 1.5 to 2 times the yearly accrual.
Rollover
Employers don’t have to let unused PTO roll over to the next year. However, California doesn’t allow “use it or lose it” policies, because employers can’t take away earned vacation.
Instead, employers usually do one of the following:
- Let unused PTO roll over
- Pay out unused PTO at the end of the year
- Cap accrual so balances don’t grow too large
Payment of Accrued, Unused Vacation on Termination
Under California leave laws, when an employee leaves, employers must pay out all accrued, unused vacation. This applies whether the employee quits or is let go.
The payout must be at the employee’s final rate of pay and included in their final paycheck.
Sick Leave in California
Federal Sick Leave Law (FMLA)
At the federal level, the Family and Medical Leave Act (FMLA) covers serious health conditions. Eligible employees can take up to 12 weeks of unpaid leave per year for their own serious health condition or a close family member’s.
During FMLA leave, the law also protects the employee’s job and health benefits. When they return, they must get their old job or an equivalent one.
FMLA doesn’t give employees any paid sick days for short or routine illnesses. Those rules come from state law.
California Paid Sick Leave Law
On sick leave, California leave laws go much further than federal law. Under the Healthy Workplaces, Healthy Families Act, employers must give employees paid sick leave.
Since January 2024, the main rules are:
- Accrual: employees earn at least 1 hour of paid sick leave for every 30 hours worked, starting on their first day.
- Yearly amount: employers must let employees use at least 40 hours (or 5 days) per year.
- Front-loading: employers can give the leave upfront instead, at least 40 hours or 5 days per year.
- Accrual cap: employers can cap the balance at 80 hours (or 10 days). Once an employee hits the cap, accrual pauses until they use some leave.
What sick leave can be used for
Employees can use paid sick leave for:
- Their own illness, injury or medical appointments
- Caring for a sick family member, including a child, parent, spouse, registered domestic partner, grandparent, grandchild or sibling
- Needs related to domestic violence, sexual assault or stalking, such as medical care, counseling or legal help
Carryover rules
Unused sick leave carries over to the next year. Employers can limit how much carries over, as long as employees can still use the yearly minimum of 40 hours or 5 days.
Using sick days as PTO
Some employers combine sick leave and vacation into one PTO bank. This is allowed if the PTO policy gives employees at least as much time for health needs as the sick leave law requires.
Sick leave notices and documentation
Employers must tell employees how much sick leave they have, usually on their pay stub or in a written notice. Any documentation requirements, such as a doctor’s note, should be reasonable and shouldn’t discourage employees from using the leave they’re entitled to.
Some Cities in California Offer More Paid Sick Leave
Some California cities have their own paid sick leave rules that give employees more. These include Berkeley, Emeryville, Los Angeles, Oakland, San Diego, San Francisco, Santa Monica and Sonoma County.
When a local rule is more generous than state law, employers must follow the local rule.
State Disability Insurance (SDI) in California
California’s State Disability Insurance (SDI) program pays partial wages to employees who can’t work because of a non-work-related illness, injury or pregnancy. The Employment Development Department (EDD) runs it.
Who qualifies for SDI
- Contributions: the employee has paid into SDI through payroll deductions, shown on pay stubs as “CASDI”.
- Disability: they can’t do their regular work for at least eight days in a row, and a healthcare provider certifies it.
- Earnings: they earned a minimum amount in wages during the base period, which is usually the 12 months before the claim.
- Filing: they file a claim with the EDD within 49 days of becoming disabled. However, the EDD may accept late claims in some cases.
Benefits and duration
Since January 2025, SDI pays about 70% of an employee’s regular wages, or 90% for lower earners, up to a weekly maximum set by the state each year. The amount is based on the highest-earning quarter of the base period.
Benefits can last up to 52 weeks, depending on how long the healthcare provider certifies the disability.
How SDI works with other leave
SDI covers the employee’s own disability. Paid Family Leave (PFL) is separate and covers caring for a seriously ill family member or bonding with a new child.
SDI only replaces income. It doesn’t protect the employee’s job. Employees can take job-protected leave under the FMLA or the California Family Rights Act (CFRA) at the same time.
Recent changes
- 2024: the state removed the wage ceiling for SDI contributions, so all wages now count.
- 2025: benefit rates went up to 70% of wages, or 90% for lower earners.
Maternity, Paternity, and FMLA in California
Federal Parental Leave (FMLA)
The Family and Medical Leave Act (FMLA) gives eligible employees in California job-protected leave. They can take up to 12 weeks of unpaid leave in a 12-month period to:
- Recover from giving birth or bond with a newborn
- Welcome an adopted or foster child
- Care for a new child within one year of birth or placement
Both mothers and fathers can take FMLA leave.
To be eligible, an employee must:
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours in the last 12 months
- Work at a location where the employer has 50 or more employees within 75 miles
During FMLA leave, the employer must keep the employee’s group health insurance on the same terms.
California Parental Leave Laws
California leave laws add their own protections on top of federal law.
- Paid Family Leave (PFL): pays partial wages for up to 8 weeks while an employee bonds with a new child, whether by birth, adoption or foster care. Unlike FMLA, employees get part of their pay during this time.
- California Family Rights Act (CFRA): gives up to 12 weeks of job-protected leave for family and medical reasons, like FMLA. But CFRA covers more family members and applies to employers with just 5 or more employees, so many more workers qualify.
Unpaid Maternity Leave in California
Pregnancy Disability Leave
Pregnancy Disability Leave (PDL) protects employees who can’t work because of pregnancy, childbirth or a related condition. Eligible employees can take up to four months (17.3 weeks) of job-protected leave.
- Employees can take it all at once, in separate blocks, or as a reduced schedule, depending on medical needs.
- It covers conditions like severe morning sickness, prenatal care, recovery after birth and other pregnancy-related disabilities.
- There’s no minimum time on the job: any employee of an employer with 5 or more employees qualifies.
During PDL, the employer must keep the employee’s health insurance on the same terms. PDL itself is unpaid, but employees can use their accrued sick leave or vacation, and may be able to get partial pay through SDI.
Family and Bonding Time Leave
After Pregnancy Disability Leave, employees can take more job-protected leave to bond with their child under the California Family Rights Act (CFRA).
- CFRA gives up to 12 weeks of unpaid leave within the first year after a birth, adoption or foster placement.
- Both parents can take it.
- It applies to employers with 5 or more employees. Employees must have worked there for at least 12 months and at least 1,250 hours in the past year.
- The employer must keep the employee’s group health insurance on the same terms.
CFRA leave is separate from PDL. This means an employee could take up to four months of PDL and then up to 12 weeks of CFRA leave, giving them time both to recover and to bond with their baby.
Paid Maternity Leave in California
California doesn’t have a single “paid maternity leave” law. Instead, new parents can combine two state programs that replace part of their pay while they’re off work.
State Disability Insurance (SDI)
SDI pays partial wages when an employee can’t work because of pregnancy or childbirth. This usually covers:
- Up to 4 weeks before the due date
- 6 weeks after a vaginal delivery, or 8 weeks after a C-section
The exact length depends on the employee’s health and their healthcare provider’s certification. Since January 2025, SDI pays about 70% of regular wages, or 90% for lower earners, up to a weekly maximum.
Paid Family Leave (PFL)
After SDI ends, new parents can apply for PFL. It pays partial wages for up to 8 weeks to bond with a new child within the first year after birth, adoption or foster placement. PFL uses the same benefit rates as SDI and is available to both mothers and fathers.
How SDI and PFL work together
A typical employee might get SDI for up to 4 weeks before the birth and 6 to 8 weeks after, then 8 weeks of PFL for bonding. In total, that’s about 16 to 20 weeks of partial pay.
Employer-paid maternity leave
Some California employers offer their own paid maternity leave on top of SDI and PFL. Employees should check with HR to see what their employer offers.
Bereavement Leave in California
California leave laws require employers with 5 or more employees to give up to five days of bereavement leave after the death of a close family member. Family members include a spouse, child, parent, sibling, grandparent, grandchild, domestic partner and parent-in-law.
- Employees can use the leave to attend the funeral, handle legal matters and grieve.
- The leave can be unpaid, but employees can use their accrued vacation or sick leave to get paid.
- Employers can’t fire or penalize employees for taking it.
Jury Duty Leave in California
California leave laws require employers to give employees time off for jury duty. However, employers don’t have to pay for this time, although many choose to.
Employers can’t fire, discipline or otherwise penalize employees for serving on a jury. Employees should give their employer reasonable notice once they receive a jury summons.
Military Leave in California
Federal Military Leave (USERRA)
Under federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) covers military leave. It applies to all employers, whatever their size, and covers active duty, reserve duty and National Guard service.
Under USERRA:
- Employees can take time off for military service without losing their job.
- When they return, they must get their old job or a comparable one, with the same seniority, status and pay.
- Employers can’t discriminate against employees because of their military service.
- Employees can keep certain benefits, such as health insurance, for up to 24 months while on leave.
California Military Leave Law
In addition, California leave laws add further rights for employees on military leave.
- Public employees: under the Military and Veterans Code, employees of the state or another public entity who have worked there for at least one year get up to 30 days of paid military leave per year, including for training.
- Private employees: military leave is usually unpaid, but they get the same job protection as under USERRA.
- No discrimination: the Fair Employment and Housing Act (FEHA) bans discrimination based on military status.
- National Guard: members called to active state duty get similar job protection to those serving under federal orders.
Voting Leave in California
If an employee doesn’t have enough time to vote outside work hours, California employers must give them up to two hours of paid time off to vote.
- The time off should be at the start or end of the employee’s shift.
- Employees must tell their employer at least two working days in advance.
California State Holidays in 2026
Here are the holidays California observes in 2026.
| Holiday | Date |
|---|---|
|
New Year’s Day |
Thursday, January 1, 2026 |
|
Martin Luther King Jr. Day |
Monday, January 19, 2026 |
|
Lincoln’s Birthday |
Thursday, February 12, 2026 |
|
Presidents’ Day |
Monday, February 16, 2026 |
|
César Chávez Day |
Tuesday, March 31, 2026 |
|
Memorial Day |
Monday, May 25, 2026 |
|
Independence Day |
Saturday, July 4, 2026 (observed Friday, July 3) |
|
Labor Day |
Monday, September 7, 2026 |
|
Columbus Day |
Monday, October 12, 2026 |
|
Veterans Day |
Wednesday, November 11, 2026 |
|
Thanksgiving Day |
Thursday, November 26, 2026 |
|
Day after Thanksgiving |
Friday, November 27, 2026 |
|
Christmas Day |
Friday, December 25, 2026 |
FAQ
What types of employee leave are recognized in California?
Employees in California may be eligible for several types of leave, including paid sick leave, paid family leave, vacation leave, pregnancy disability leave, and other protected time off such as jury duty or bereavement leave. California’s leave laws are among the most employee friendly in the United States.
Does California require employers to provide paid sick leave?
Yes. Under the Healthy Workplaces, Healthy Families Act, employees in California are entitled to at least one hour of paid sick leave for every 30 hours worked. Employers may cap the total accrual at 80 hours or 10 days, and employees can use up to 40 hours or 5 days of paid sick leave per year as of 2024.
Are California employers required to provide paid vacation?
California law does not require employers to offer paid vacation. However, if an employer does provide vacation or PTO, it is considered earned wages. This means unused vacation time must be paid out upon termination or resignation, and “use it or lose it” policies are not allowed.
Related reading: California Minimum Wage and PTO Explained
What family and medical leave rights do California employees have?
California employees are covered by both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). These laws provide up to 12 weeks of job protected leave for qualifying medical or family reasons. Additionally, employees may qualify for Paid Family Leave (PFL), which provides partial wage replacement during leave.
Related reading: Colorado Leave Laws And Holidays 2026
Does California provide paid family leave benefits?
Yes. Through the Paid Family Leave (PFL) program, eligible employees can receive up to 8 weeks of partial wage replacement when taking time off to care for a seriously ill family member, bond with a new child, or handle certain military related events.
Are employees in California entitled to pregnancy disability leave?
Yes. Under California law, employees who are disabled by pregnancy, childbirth, or related medical conditions are entitled to up to 4 months of Pregnancy Disability Leave (PDL). This leave is in addition to other leave entitlements such as CFRA or PFL.
What are the official state holidays in California?
California observes several state and federal holidays, including:
New Year’s Day
Martin Luther King Jr. Day
Lincoln’s Birthday
Presidents’ Day
César Chávez Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Are California employers required to provide time off for jury duty or voting?
Yes. Employers must provide unpaid time off for jury duty and must allow employees up to two hours of paid time off to vote if they do not have sufficient time outside of work hours.
Does California require bereavement leave?
Yes. As of January 1, 2023, California law requires employers with five or more employees to provide up to five days of unpaid bereavement leave for the death of a family member. Employees may use accrued paid leave if available.
How can the Day Off app help California employers manage leave and holidays?
The Day Off app helps California employers easily manage various leave types, including paid sick leave, PFL, and vacation accruals. It automates tracking, ensures compliance with California’s complex leave laws, integrates with tools like Slack and Google Calendar, and provides employees with a transparent view of their time off balances.