Under the accrual method for paid sick leave, unused sick leave generally must:
Explanation
Under the accrual method, Labor Code §246(d) carries accrued unused paid sick leave over into the following year, and §246(j) lets the employer cap total accrual at 80 hours or ten days and cap annual use at 40 hours or five days - the figures SB 616 raised in 2024. (a) is the forfeiture rule the section forbids, and it is the practice most employers had before 2015; note the contrast with the front-loading alternative in §246(e), where granting the full annual amount up front means no carryover is required, which is why some employers believe forfeiture is lawful. (b) would convert sick leave into wages, and unlike vested vacation under §227.3, unused sick leave is not paid out at all. (c) is invented.
Law Reference: Labor Code §246(d), (e), (j) (as amended by SB 616)This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- A key protection of CFRA/FMLA leave is that, upon return from qualifying leave, the eligible employee generally must be:
- California's Paid Family Leave (PFL) program, administered by the EDD, primarily provides:
- An employee is summoned for jury duty and gives reasonable notice. Under Labor Code §230, the employer:
- California's 'kin care' rule requires that, if an employer provides paid sick leave, an employee may use a portion of it to care for:
- An employee who is a victim of domestic violence needs time off to seek a restraining order and medical care. Under California law, an employer with 25 or more employees must:
- For pregnancy, why can a California employee sometimes receive more total protected leave than the 12 weeks that CFRA alone provides?
Last reviewed: · editorial process