---
title: "Paid sick leave for servers in California"
description: "Since January 1, 2024, California employers must generally give 5 days or 40 hours of paid sick leave, including to part-time and temporary staff."
url: https://www.tipmaxapp.com/us/answers/california/paid-sick-leave
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# Do servers get paid sick days in California?

**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 rules in California

| Rule | What it says |
| --- | --- |
| How much | Generally 5 days or 40 hours of paid sick leave. |
| Since | January 1, 2024. |
| Who’s covered | Employees 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, https://www.dir.ca.gov/dlse/paid_sick_leave.htm)

## 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

- [California DIR: paid sick leave](https://www.dir.ca.gov/dlse/paid_sick_leave.htm)

## Last verified

September 23, 2026. Checked the agency pages linked above.

## About TipMax

California pays sick hours at your wage, not your tips, so knowing your true hourly on a given night shows what calling out actually costs.

TipMax is an iPhone app for servers and bartenders that tracks tips and tip-outs and turns a restaurant menu into study flashcards.

Download TipMax free: https://apps.apple.com/us/app/tipmax-study-track-earn/id6744850146

---

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.