California · Doctor's-note & sick-leave rules

Doctor's-Note & Sick-Leave Laws in California

Illustration representing doctor's-note and sick-leave rules in California

Can a California employer require a doctor's note? Generally yes: no California or federal law flatly bars it. But the state's paid sick leave law lets most employees use at least 40 hours, or five days, a year without a medical certification, and several cities set stronger local accrual and documentation rules. Whether you need a note for a given absence still depends largely on your employer's policy.

California is one of the most employee-protective states for sick leave. The statewide Healthy Workplaces, Healthy Families Act requires most employers to let employees accrue at least one hour of paid sick leave for every 30 hours worked, and, since Senate Bill 616 took effect January 1, 2024, use at least 40 hours, or five days, a year, up from 24 hours or three days before that. San Francisco, Los Angeles, and San Diego each layer their own, more generous ordinance on top of the state law. An employer generally cannot deny paid sick leave solely for lack of a doctor's note, though a verifiable note remains useful for longer absences or under a company's own attendance policy.

How California’s paid sick leave law works

California’s Healthy Workplaces, Healthy Families Act requires most employers to let employees accrue at least one hour of paid sick leave for every 30 hours worked. Since Senate Bill 616 took effect on January 1, 2024, employers must let employees use at least 40 hours or five days of that leave each year, whichever is greater, up from the previous minimum of 24 hours or three days. Employers can cap total accrual and carryover at 80 hours or 10 days, whichever is greater, and can choose to be more generous than the law requires.

Local ordinances: San Francisco, Los Angeles, and San Diego

San Francisco, Los Angeles, and San Diego each layer their own ordinance on top of the state law, with their own accrual and use numbers. San Francisco’s Paid Sick Leave Ordinance, in effect since 2007, uses the same one-hour-per-30-hours accrual rate, with balances able to grow to 72 hours at employers with 10 or more employees, or 40 hours at smaller employers. Los Angeles’s Minimum Wage Ordinance offers the same accrual rate or a 48-hour up-front grant, with annual use capped at 48 hours and balances able to carry over up to 72 hours. San Diego’s Earned Sick Leave and Minimum Wage Ordinance, in effect since July 2016, also uses the one-hour-per-30-hours rate, with accrual capped at 80 hours and use capped at 40 hours a year. None of these local caps reduces what state law already guarantees: for any specific point, an employee is entitled to whichever version, state or local, is more generous, so the state’s 80-hour (10-day) accrual and carryover cap and its 40-hour (5-day) minimum annual use remain the floor even where a city’s own cap number is lower.

When a doctor’s note can be required

California’s paid sick leave law does not let an employer deny leave solely because an employee has no doctor’s note, and an employer generally cannot require medical certification as a condition of using accrued sick time. That said, the law does not ban all documentation requests: it can be reasonable to ask for proof in specific circumstances, such as when an employer has a real reason to question whether leave was used for a covered purpose, and an employer can still request a note for longer absences or under an attendance policy that falls outside the sick leave law. Where a note is requested, it generally needs to confirm the dates, not a diagnosis.

The specifics above are summarized at a high level. See the linked primary sources for exact current requirements, and treat anything time-sensitive as something to confirm with the state agency, the relevant city office, or an employment attorney.

Local ordinances in California

  • San Francisco: The Paid Sick Leave Ordinance, in effect since 2007, requires one hour of paid sick leave for every 30 hours worked, with the ordinance's own caps of 72 hours for employers with 10 or more employees and 40 hours for smaller employers; where the state floor is higher (80 hours or 10 days accrual, 40 hours or 5 days use), the state floor applies.
  • Los Angeles: The city's Minimum Wage Ordinance requires one hour of paid sick leave for every 30 hours worked, or 48 hours provided up front, limits annual use to 48 hours, and is not preempted by the state's SB 616 changes because it is already more generous.
  • San Diego: The Earned Sick Leave and Minimum Wage Ordinance, in effect since July 2016, requires one hour of paid sick leave for every 30 hours worked within city limits, with accrual capped at 80 hours and use capped at 40 hours a year.

Sources

  1. California DIR: Paid Sick Leave, Frequently Asked Questions
  2. City and County of San Francisco: Paid Sick Leave Ordinance
  3. City of Los Angeles Office of Wage Standards: Minimum Wage & Paid Sick Leave
  4. City of San Diego: Earned Sick Leave and Minimum Wage Ordinance

Frequently asked questions

Does California require paid sick leave?
Yes. Under the statewide Healthy Workplaces, Healthy Families Act, most California employees accrue at least one hour of paid sick leave for every 30 hours worked, and employers must let them use at least 40 hours, or five days, a year as of January 1, 2024, up from the previous 24-hour, three-day minimum. San Francisco, Los Angeles, and San Diego each require more.
Can my employer ask for a note for one sick day?
Generally, no. California's paid sick leave law says an employer cannot deny paid sick leave solely because an employee lacks a doctor's note, and generally cannot require medical certification as a condition of taking leave. It can be reasonable to ask for documentation in specific circumstances, such as when there is a real reason to doubt the leave was used properly, and an employer can still request a note for longer absences or under an attendance policy that falls outside the sick leave law.

This is general information about California rules, not legal advice. Laws change; verify current requirements with the linked primary sources or an employment attorney.

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