Do servers get paid sick days in California?

CaliforniaVerified September 23, 2026

The short answer

Yes. Starting January 1, 2024, California employers must generally provide 5 days or 40 hours of paid sick leave. You’re covered if you work at least 30 days for the same employer within a year in California. That includes part-time, per diem, and temporary workers, with some narrow exceptions. Serving tables doesn’t change your coverage.

The rule in California

How muchGenerally 5 days or 40 hours of paid sick leave.
SinceJanuary 1, 2024.
Who’s coveredEmployees who work at least 30 days for the same employer within a year in California, including part-time, per diem, and temporary staff, with narrow exceptions.
“Starting on January 1, 2024, employers must generally provide 5 days or 40 hours of paid sick leave to their employees in California.” (California DIR: paid sick leave)

What’s different in California

The federal wage law doesn’t require any sick leave, paid or unpaid. California does, and the bar for coverage is low: 30 days with one employer in a year. A part-time server picking up two weekend doubles qualifies the same way a full-timer does.

Paid here means real wages. Because California allows no tip credit, your hourly rate is at least $16.90, and a sick day is paid on wages, not on the tips you would have made that night. If you want to know what a missed Friday really costs you, compare your usual tips for that shift against the wage you’ll get for the sick hours.

Official sources

Last verified

. Checked the agency pages linked above.

Related

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is not legal, tax, or accounting advice. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.