New Year, New Poster: Navigating California Paid Sick Leave Updates

CDF Labor Law LLP
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The California Division of Labor Standards Enforcement (DSLE) has updated the Healthy Workplaces/Healthy Families Act Paid Sick Leave poster, which reflects recent amendments to the state’s paid sick leave law.

Employers should ensure that the most current version is displayed where employees can readily view it during the workday.

Paid Sick Leave Entitlement Basics

Under California law, an employee who works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave. Leave accrues at a rate of one hour for every 30 hours worked, beginning on the first day of employment. Accrued paid sick leave must carry over to the following year of employment, although employers may cap accrual at 80 hours or 10 days.

Alternatively, employers may satisfy the requirement by providing paid sick leave of 5 days or 40 hours, whichever is greater, “up-front” at the beginning of a 12-month period. If employers elect to satisfy the requirement using this method, no accrual or carry over is required.

Other accrual methods, including PTO plans, may also meet statutory requirements.

Employees may begin using paid sick leave on the 90th day of employment. Employers may limit use to 40 hours or five days, whichever is greater, per year of employment.

Expanded Uses of Paid Sick Leave Employers Must Recognize

As reflected in the January 2026 poster, recent amendments brought forth by Assembly Bill 2499 (2024) and Assembly Bill 406 (2025), expanded the list of situations for which employers must allow paid sick leave upon an employee’s oral or written request for any of the following:

  • Jury service
  • Court appearance as a witness, including compliance with subpoenas or court orders
  • For an employee who is a victim of a qualifying act of violence to obtain relief, including a restraining order, to help ensure the health, safety, or welfare of the victim or their child
  • For the diagnosis, care or treatment of an employee’s and/or their family member’s existing health condition or preventive care
  • Attendance at judicial proceedings related to the employee and/or their family members being a victim of a violent or serious felony or other specified serious offenses
  • For specified victim-related relief and services, for an employee who is a victim or whose family member is a victim of a qualifying act of violence if the employee works for an employer with 25 or more employees

These uses extend beyond traditional illness-related leave and may require employers to rethink how sick leave requests are evaluated and documented. The updated poster clearly communicates these additional permissive uses of paid sick leave to employees.

Steps California Employers Should Take

To ensure compliance and minimize exposure, employers should:

  • Immediately display the January 2026 Paid Sick Leave Poster and remove all outdated versions from the workplace
  • Review paid sick leave policies to ensure they align with the expanded permitted uses
  • Train supervisors and HR staff on how to recognize and properly handle qualifying requests
  • Evaluate documentation practices to avoid improper inquiries or retaliation claims

*Special thanks to CDF law clerk Sara Anderson for her research and contributions to this article.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© CDF Labor Law LLP

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