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IHSS Sick Leave Policy 2025: How Many Days You Get and How to Use Them

2026-05-22

Policy Context

California's Healthy Workplaces Healthy Families Act and subsequent amendments guarantee paid sick leave to IHSS providers; some counties negotiated above the state minimum through SEIU 2015 contracts.

IHSS Sick Leave Policy in 2025: What California Providers Need to Know

California IHSS providers earn paid sick leave. This is a right guaranteed by state law — and many providers do not use it because they do not know it exists or how to access it.

How Much Sick Leave Do IHSS Providers Get?

Under California's Healthy Workplaces Healthy Families Act, IHSS providers earn:

  • 1 hour of paid sick leave for every 30 hours worked
  • Up to 24 hours (3 days) per year at the state minimum
  • Some counties have negotiated more through SEIU 2015 contracts — in some counties it is 40 hours (5 days) per year
Sick leave begins accruing from your first day of employment. However, you cannot use sick leave until you have worked for at least 90 days.

When Can You Use Sick Leave?

You can use accrued sick leave for:

  • Your own illness, injury, or medical condition
  • Caring for a sick family member (spouse, child, parent, domestic partner, sibling, grandparent, grandchild, or parent-in-law)
  • A preventive medical or dental appointment
  • Seeking medical attention or legal services related to domestic violence, sexual assault, or stalking

How to Request Sick Leave

  • Notify the IHSS recipient (or their authorized representative) that you are unable to work due to illness
  • Submit your sick leave hours through the ESP portal — there is a specific sick leave submission code
  • Keep documentation (medical note, pharmacy receipt) in case it is requested
  • You do not need to find a replacement provider for your recipient. That is the county's responsibility during sick leave periods.

    Does Unused Sick Leave Roll Over?

    Yes — unused sick leave rolls over to the next year. However, the maximum you can use in any 12-month period is capped at the annual limit (24–40 hours depending on your county). You can carry over more than that amount in your balance.

    What If Your Sick Leave Was Denied?

    If your employer (the county/Public Authority) denies a valid sick leave request:

  • File a complaint with the California Labor Commissioner
  • Contact SEIU 2015 (1-866-756-1021) for help filing a grievance
  • Retaliation for using sick leave is illegal under California law
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