Paid sick leave for farmworkers: how California law protects you
Five days or 40 hours of paid sick leave per year. It accrues from day one, applies to seasonal work, and cannot be used as a reason to fire you.
Who qualifies
Every employee who works at least 30 days in California in a year for the same employer qualifies. That includes farmworkers paid by the hour, by piece rate, or by the day. It includes workers hired through a labor contractor. It includes you whether you have legal status or not.
How it accrues
You earn one hour of sick leave for every 30 hours worked, starting on your first day. Your employer can let you start using it after 90 days. They can cap your annual use at 40 hours or five days, whichever is more for your schedule. Unused hours roll over, though they can cap the bank at 80 hours.
What you can use it for
Sick leave covers your own illness, preventive care like a doctor visit, caring for a sick family member (including spouse, child, parent, sibling, or grandparent), and time related to domestic violence, sexual assault, or stalking. The employer cannot require a doctor's note for short absences and cannot make you find a replacement worker.
What protected absence means
When you use sick leave properly, the absence is protected. Your employer cannot count it against you, fire you over it, or refuse to rehire you next season because of it. If they do, you have a retaliation claim with the Labor Commissioner. Save your records — pay stubs, schedules, the date and reason you called out.
This article summarizes public regulations and is not legal advice. For specific situations, consult a qualified attorney or your local legal aid clinic.