Can an Employer Make You Use Vacation Days for Sick Days?

Under California law, workers are granted paid sick time that allows them to recover from illness or injury, get diagnosed, seek treatment or care, or to care for an ill family member that may need treatment, diagnosis, or care. Sick leave also applies to workers who are victims of sexual assault, domestic violence, or stalking.

By: Brad Nakase, Attorney

Email | Call 888-600-8654

In light of the pandemic, California’s sick time law may also be used for reasons related to COVID-19:

Self-quarantine related to potential exposure to COVID-19
Exposure to COVID-19
Recent travel to a high-risk area

As of February 9, 2022, additional paid sick time is granted to workers unable to work due to:

Experiencing symptoms related to a COVID-19 vaccine or booster
Experiencing symptoms of COVID-19 and going to a doctor or clinic
Caring for a family member with vaccine symptoms or seeking diagnosis
Caring for a child whose school or daycare is closed due to COVID-19

Sick Leave Coverage

Under California law, if an employee works for at least 30 days a year as a full-time, part-time, or temporary worker, he or she is entitled to sick leave. It should be noted that the law does not apply to federal employees, certain state government employees, and certain airline employees.

Amount of Sick Leave

Under California law, an employee can earn 1 hour of sick time for every 30 hours worked. The maximum allowed is 6 days (48 hours) per year. An employer is allowed, however, to limit sick days to as few as 3 days per year.

That said, due to COVID-19, workers may receive an additional 40 hours of paid sick time if:

They are quarantined or isolated due to COVID-19
They are caring for a family member or child in quarantine or isolation due to COVID-19
They are going to a vaccination appointment or are ill from vaccine side effects

Workers may receive an additional 40 hours of paid sick leave (80 total), if:

They or a family member test positive for COVID-19

Unlike typical paid sick leave in California, workers do not have to accrue – or earn – the additional paid sick time for COVID-19. Employers can, however, limit this additional COVID sick leave to 3 days, unless a doctor’s note or other verification is provided.

In any case, all workers in California are protected from termination or discipline if they request or use their earned sick leave.

Family Members Covered by Law

Under California law, an employee can take sick leave to care for a child, spouse, domestic partner, parent, parent of a spouse, grandparent, grandchild, or sibling.

However, an employee cannot use the sick time simply because a child’s school or daycare is closed. That said, if the school or daycare is closed due to COVID-19 on the premises, then an employee may use the additional paid sick leave granted in light of the pandemic.

The Start of Sick Time

Under California law, an employee starts earning sick time immediately upon employment but is unable to use it for 90 days.

Dynamex ABC Test: California Supreme Court Says It Applies Retroactively

See how California's Dynamex ABC Test and the Vazquez decision make worker classification rules apply retroactively to employers. Review impacts on wage orders, AB 5 exemptions, gig workers, and ongoing misclassification lawsuits across California industries.

California Rounding Rules 2025: Laws, Recent Cases, and Payroll Compliance

Get up-to-date insight on California rounding rules 2025, recent court decisions, and how they impact wages and overtime. Help your business strengthen payroll compliance, protect employee rights, and reduce rounding disputes with precise time-tracking guidance.

California DOT Hours of Service Rules: Interstate vs Intrastate, Federal HOS, Breaks, and Exemptions

Get an overview of California DOT hours of service rules for interstate and intrastate drivers, required breaks, exemptions, and penalties. See how federal FMCSA HOS rules, hazardous materials, ELD mandates, and short-haul exceptions apply differently from California intrastate regulations.

California Labor Laws on Clocking In and Out: Employee Rights, Off-the-Clock Work, and Time Rounding Rules

Get the facts on California clock-in rules, off-the-clock work bans, and time rounding practices that impact your paycheck. Protect your rights, catch illegal timekeeping, and ensure every minute you work in California is accurately recorded and fully paid.

Are Arbitration Agreements Enforceable in California? Lessons from Ramirez v. Charter Communications

Ramirez v. Charter Communications explains when employment arbitration agreements remain enforceable under California law and highlights key fairness issues. Strengthen your arbitration clauses by promoting mutual remedies, reasonable procedures, and compliance with FEHA protections against one-sided or oppressive terms.

Does Volunteer Work Count as Employment? U.S. Immigration & Labor Rules

See when U.S. law treats volunteer roles as employment, including risks for F-1 and J-1 students. Get guidance on legal volunteering, unpaid internships, nonprofits, and Department of Labor factors that prevent unauthorized employment.

Are Working Interviews Legal? Employer Rules, Pay Requirements, and Compliance Risks

See when working interviews are legal, including employer rules, pay requirements, and compliance risks under federal and California law. Protect your company by paying candidates for tryouts, following safety standards, and avoiding misclassification during working interviews and skills tests.

Separation of Employment vs Termination: Key Differences and HR Best Practices

Separation of Employment vs Termination explains how resignations, layoffs, and absconding differ and affect HR decisions and documentation. Gain practical HR tips for handling exits, safeguarding company interests, managing expatriate employees, and minimizing legal risk in employee separations.

Group Audit: SAS No. 149 Requirements, Roles, Documentation, and Effective Date

SAS No. 149 outlines group audit requirements, roles, communication duties, aggregation risk, and documentation expectations for audit teams. It also explains responsibilities for group engagement partners, component auditors, referred-to auditors, and the SAS 149 effective date.

California CCP 1001: Expanded Restrictions on Employer Non-disclosure and Non-disparagement Agreements

California CCP 1001 and the Silenced No More Act restrict employer nondisclosure and nondisparagement clauses in workplace settlement agreements. Updated FEHA provisions protect employees who share information about unlawful workplace conduct and set strict limits on severance confidentiality.

Use It or Lose It Vacation Policy in California: Legal Rules and Accrual Caps

Find out how California bans use it or lose it vacation policies and treats paid time off as earned wages. See which accrual caps are allowed, what employers cannot do, and how unused vacation and PTO must be paid out.

Should I Be on the Clock While Driving a Company Vehicle? What California Law Says After Hernandez v. Pacific Bell

See how Hernandez v. Pacific Bell clarifies when California employees must be paid for commuting in company vehicles. Get clarity on the control and 'hours worked' tests that decide if drive time in employer cars counts as compensable work.

Target policies for employees: Recruitment, Pay, Culture

See how Target's HR policies shape recruitment, pay, and culture to attract and retain top retail talent. Review Target's focus on training, inclusion, benefits, compliance, and HR technology to support engaged, high-performing employees.

California Law About Contacting Employees After Hours (AB 2751)

See how California's AB 2751 gives employees a right to disconnect from after-hours calls, emails, texts, and pressure. Review protections, exceptions, and timelines so workers and employers can prepare for possible changes to California work-life boundaries.

The Right to Disconnect: Laws, Countries, and Work-Life Balance

See how the right to disconnect shapes modern work, from France and India to Australia, Canada, and beyond. Review key laws, country examples, and digital-age policies protecting boundaries between office demands, rest time, and family life.

California Defamation Law: Elements, Defenses, and Statute of Limitations

Get a clear overview of California defamation law, including libel, slander, key elements, and who qualifies as a public figure. Review common defenses, privileges, statute of limitations, and FAQs about proving harm, actual malice, and defamation per se in California.

SB 553 Workplace Violence: California Prevention Law and Employer Duties

California employers must comply with SB 553 workplace violence prevention rules, including written plans, employee training, and incident recordkeeping. Stay aligned with California Labor Code 6401.9 by updating policies, supporting workers, and preparing for Cal/OSHA enforcement expectations.

New Hire Paperwork Checklist: Forms, Requirements, and Compliance

Use this new hire paperwork checklist to organize required forms, payroll details, and benefits for compliant, efficient employee onboarding. See which I-9, W-4, state tax, and W-9 forms to collect, report, store, and securely manage.

Background Check Laws in California: Regulations Employers Must Follow

Stay compliant with California's updated background check laws and Fair Chance Act requirements when screening job applicants and employees. Get clear guidance on individualized assessments, new evaluation factors, and potential penalties under California rules.

EDD Audit in California: Triggers, Process, Penalties, and How to Handle It

Get practical guidance on EDD audits in California, from common triggers and audit steps to potential payroll tax penalties. Find out how to respond to notices, prepare records, and work with tax professionals to protect your business.

878

Can an Employer Make You Use Vacation Days for Sick Days?

Sick Leave Coverage

Amount of Sick Leave

Family Members Covered by Law

The Start of Sick Time

We want to hear your story.