By the Unified Savers Editorial Team · Verified against CDSS sources
Last verified: June 16, 2026. Information is based on California AB 1522, SB 616, and official CDSS provider guidelines.
For case-specific legal advice, consult a qualified attorney or your local legal aid organization.
IHSS providers in California accrue paid sick leave at 1 hour for every 30 hours worked, up to 5 days (40 hours) per year — and this applies to all providers including part-time and family members. Sick leave can be used for your own illness, a family member’s illness, or preventive care. To use sick leave, notify your recipient and submit your sick leave request through the Electronic Services Portal (ESP) or call your county IHSS office.
IHSS providers in California are entitled to paid sick leave under the Healthy Workplaces, Healthy Families Act (AB 1522), expanded by SB 616 in 2024 to a minimum of 5 days (40 hours) usable per year. You earn 1 hour of sick leave for every 30 hours worked, beginning from your first day of employment. Understanding how to accrue, request, and protect your sick leave keeps your income stable and your provider status safe.
Who Qualifies for IHSS Paid Sick Leave?
Most IHSS providers in California qualify for paid sick leave under state law, regardless of whether they work full-time or part-time. Eligible workers include:
- Independent IHSS providers working directly for one or more recipients
- Part-time providers working fewer than 30 hours per week
- Family member providers (including adult children and other relatives) paid through IHSS
- Providers enrolled through a county IHSS Public Authority
- Providers who have completed the 90-day waiting period before first use (accrual begins on day 1)
You can begin using accrued sick leave after 90 days of employment with your IHSS recipient. Your accrual starts immediately — but you cannot tap that balance until day 91.
Providers working through a licensed home care organization (HCO) or registry rather than directly for a recipient may have different sick leave provisions through their employer. Confirm with your employer of record if you are unsure.
How IHSS Sick Leave Accrual Works
California law sets the accrual rate and annual usable cap for all covered workers, including IHSS providers:
- Accrual rate: 1 hour of paid sick leave for every 30 hours worked
- Accrual start: Day 1 of employment
- Annual usable cap: 40 hours (5 days) per year as of January 1, 2024 (SB 616)
- Carryover: Unused sick leave carries over year to year but may not exceed the carryover cap set by your employer (minimum 40 hours under SB 616)
Before SB 616 took effect, many IHSS providers were still operating under the older 3-day (24-hour) cap. If your county or employer has not updated its sick leave documentation to reflect the 5-day standard, you are entitled to request the current amount.
Track your accrued sick leave through the IHSS Electronic Services Portal (ESP) at esp.dss.ca.gov. Your ESP account displays hours worked per pay period and may show your leave balance depending on your county’s system configuration.
When You Are Allowed to Use Sick Leave
Under AB 1522, IHSS providers may use accrued paid sick leave for any of the following:
- Your own illness, injury, or preventive medical care appointment
- A medical appointment or illness for a qualifying family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling)
- Absences related to domestic violence, sexual assault, or stalking — for yourself or a family member
- Any health condition requiring diagnosis, treatment, or preventive care
You are not required to provide a doctor’s note for absences of three or fewer days. For longer illnesses, your employer (the IHSS recipient or their authorized representative) may request reasonable documentation, but cannot demand verification before allowing the time off.
Because IHSS recipients depend on your presence for essential daily care, notify them — or their responsible representative — as early as possible when you will be absent. This allows time to arrange backup care through family, the county IHSS backup provider system, or a temporary care agency.
How to Request and Record Sick Leave
The process for using and recording sick leave varies slightly by county, but generally follows these steps:
- Notify your IHSS recipient (your employer) that you will not be working due to illness. Give as much advance notice as possible.
- Log the absence on your timesheet. When submitting via the ESP at etimesheets.ihss.ca.gov, record sick leave hours using your county’s designated code. If you are unsure of the code, contact your county IHSS office.
- Submit your timesheet on time. Sick leave hours should be included with your regular biweekly timesheet submission.
- Keep records. Save any written communication about your sick leave request and response for at least 3 years — the statute of limitations for California wage claims.
If you need additional guidance on county-specific sick leave procedures, contact:
- Your county IHSS office for administrative questions
- SEIU 2015 at 1-855-810-1699 for union support and sick leave disputes
- California Labor Commissioner’s Office at dir.ca.gov/dlse/ to file a complaint if your rights are violated
Sick Leave vs. Unpaid Time Off
Using paid sick leave is not the same as simply skipping a shift. Here is the practical difference:
- Paid sick leave: You are compensated at your IHSS hourly rate for hours missed, up to your accrued balance. Your paycheck includes the missed hours.
- Unpaid time off: You do not work and do not receive pay for those hours. Your monthly hours fall below the recipient’s authorized total.
- Unreported absence: Working without timesheets or failing to report an absence properly can create compliance issues with your county IHSS enrollment.
If you exhaust your accrued sick leave but need additional time, coordinate with your recipient about redistributing their authorized hours for that month rather than working uncompensated hours.
What to Do If Your Rights Are Violated
California law prohibits employers — including IHSS recipients and their authorized representatives — from retaliating against providers for using legally entitled sick leave. Retaliation includes:
- Reducing authorized working hours in response to sick leave use
- Threatening to replace or remove you as a provider
- Creating a hostile work environment after you take sick time
- Pressuring you verbally or in writing not to use your sick leave
If any of these happen, you have the right to:
- File a wage claim with the California Labor Commissioner’s Office (Labor Board) at dir.ca.gov/dlse/
- Contact SEIU 2015 for union representation and legal resources (1-855-810-1699)
- Reach a California legal aid organization — Bay Area Legal Aid, Bet Tzedek (LA), or your county’s legal aid society — for free representation
Employers found to have retaliated against workers using sick leave can face civil penalties plus back pay for lost wages.
Frequently Asked Questions
Q: I work for two IHSS recipients. Does sick leave accrue from both? A: Sick leave accrues separately from each employment relationship. However, California law establishes a usable cap per employee per year — in practice, your ability to use leave from each employer is capped individually. The 40-hour annual usable limit applies per employer, so in theory you could use up to 40 hours each from two separate employer relationships.
Q: Does sick leave pay out if I stop being an IHSS provider? A: No. California law does not require employers to pay out unused accrued sick leave upon separation. Your unused balance is forfeited when you stop working as an IHSS provider unless a specific agreement or local ordinance states otherwise.
Q: My county told me IHSS providers don’t get sick leave. Is that true? A: No. AB 1522 and SB 616 are state laws that apply to IHSS providers as employees of their IHSS recipients. Individual counties cannot override state labor law. If you receive this response from a county employee, ask to speak with a supervisor and consider contacting SEIU 2015 or the California Labor Commissioner’s Office.
For more guides on IHSS provider rights, visit unifiedsavers.com. Sick leave is one of several protections California law guarantees IHSS providers: also know your rights around IHSS overtime pay, travel time pay between clients, and caregiver rights under California and federal law. Our resource library is updated regularly with the latest California CDSS policies, SEIU 2015 contract updates, and county-level changes affecting home care workers and recipients statewide.
Related: IHSS provider taxes in California — understand how sick leave wages are treated for tax purposes. Overtime rules for live-in providers — if you live with your recipient, overtime thresholds are different and affect your total pay. IHSS maximum hours per month — your authorized hours determine how fast sick leave accrues. Federal Medicaid cuts threatening IHSS in 2026 — budget pressure could affect provider pay and benefits across California.