How to Request IHSS Sick Leave and Fight a Denial in California

By the Unified Savers Editorial Team

This article was reviewed for accuracy as of July 2026. IHSS sick leave rules may change — check cdss.ca.gov and seiu2015.org for the latest county-specific information.

For the full breakdown of how IHSS sick leave accrues and SB 616’s 5-day annual minimum, see IHSS Paid Sick Leave Rights California: 5 Days Per Year Under SB 616.

To request sick leave as an IHSS provider, notify your recipient as early as possible, then contact your county IHSS Public Authority to record the hours. Submit sick leave hours separately on your Electronic Services Portal (ESP) timesheet — never record them as worked hours. If your request is denied, you have three escalating options: a written follow-up with the Public Authority, a SEIU 2015 grievance (if you are a member), or a complaint to the California Labor Commissioner’s Office at dir.ca.gov/dlse. SEIU 2015 members should also ask their county representative about additional paid leave days available under their local Memorandum of Understanding.

Getting sick as an IHSS provider is stressful — not only because you are unwell, but because your recipient depends on you. Knowing your sick leave rights means you can take the time you need to recover without sacrificing your income or your standing as a provider.

How IHSS Providers Earn Sick Leave

California’s Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), codified at California Labor Code Section 245 et seq., covers most employees in California — including IHSS providers. The law requires that providers accrue paid sick leave at a minimum rate of 1 hour for every 30 hours worked.

There is no maximum accrual cap written into the base law, but employers (in this case, the recipient acts as the employer of record through the Public Authority) may cap accrual at 48 hours (6 days) and cap usage at 24 hours (3 days) per year. In practice, county IHSS Public Authorities administer sick leave in accordance with state guidelines issued by CDSS.

Key accrual facts:

Accrual begins on your first day of work
You may begin using accrued sick leave after 90 calendar days of employment with the same recipient
Unused sick leave carries over from one year to the next, subject to any applicable accrual cap
Sick leave is paid at your regular hourly IHSS wage rate

Carryover Rules

Accrued sick leave that you do not use during a benefit year carries over to the following year. If your county or recipient-employer caps total accrual at 48 hours, you will stop accruing additional leave once that cap is reached — but you will not lose hours you have already earned. Once you use some of those hours, accrual resumes until the cap is hit again.

It is worth noting that unused sick leave is not paid out when your employment ends — IHSS providers are not entitled to a cash payout of unused sick leave upon separation. The value of sick leave is in using it when you need it.

What Qualifies as Sick Leave Use

Under AB 1522, IHSS providers can use accrued sick leave for:

Your own illness, injury, or medical condition — any health condition that prevents you from performing your work duties safely
Preventive care appointments — routine check-ups, dental visits, vision appointments, and screenings for yourself
Care for a family member — caring for a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling who is ill or needs a medical appointment
Domestic violence, sexual assault, or stalking — seeking medical attention, mental health services, or safety planning related to these circumstances, for yourself or a covered family member

You do not need to be hospitalized or have a doctor’s note to use sick leave for most purposes. However, if you are absent for more than three consecutive days, your county Public Authority may request documentation.

How to Request Sick Leave as an IHSS Provider

Because the IHSS employment relationship is structured uniquely — the recipient is the employer of record, and the county Public Authority acts as a co-employer — sick leave requests go through the Public Authority, not directly through the recipient.

To request sick leave:

Notify your recipient as early as possible — ideally before your scheduled shift or as soon as you know you will be unable to work. This gives the recipient time to arrange backup care if needed.
Contact your county IHSS Public Authority — inform them you are using accrued sick leave for the missed hours. Each county has a specific process; many counties have a dedicated provider support line. Ask for the fiscal or payroll department to ensure the sick leave hours are properly recorded.
Document your request — note the date, time, and name of the person you spoke with. If the county provides a written acknowledgment, keep a copy.
Submit your timesheet accurately — when you submit your timesheet for the pay period, record sick leave hours separately from worked hours, using the sick leave designation. Do not record missed sick leave hours as worked hours — this can create payment discrepancies.

Sick leave hours are paid through the same payroll system as regular hours. You should see sick leave pay reflected in the same pay cycle as the period in which you used the leave.

SEIU 2015 Members: Additional Benefits

If you are a member of SEIU 2015 — the union that represents IHSS providers across California — your Memorandum of Understanding (MOU) with the county may provide sick leave benefits beyond the state minimum.

Many SEIU 2015 county agreements include:

Higher accrual rates — some county MOUs provide more than 1 hour per 30 hours worked
Higher annual usage caps — some agreements allow the use of more than 24 hours of sick leave per year
Supplemental paid leave — certain MOUs include additional paid leave days on top of the sick leave accrual required by AB 1522

To find out exactly what your county’s MOU provides, contact SEIU 2015 member services at (855) 810-2015. They can look up your specific county agreement and explain what you are entitled to above and beyond state law. Membership in SEIU 2015 is not required to receive AB 1522 sick leave — that is a legal right for all IHSS providers — but union membership may entitle you to additional protections and benefits.

What to Do If Your Sick Leave Is Denied

If your county Public Authority or your recipient refuses to allow you to use accrued sick leave, or if sick pay does not appear on your paycheck for a period when you properly requested and used sick leave, you have several options:

Step 1 — Follow up in writing: Send a written request (email or letter) to your county IHSS Public Authority asking for written confirmation of your sick leave balance and an explanation of why your leave was denied or pay was withheld. This creates a paper trail.

Step 2 — Contact SEIU 2015: If you are a union member, call member services at (855) 810-2015 and report the issue. Union representatives can file a grievance on your behalf and escalate the matter with the county.

Step 3 — File a complaint with the California Labor Commissioner: The California Labor Commissioner’s Office (Division of Labor Standards Enforcement) enforces AB 1522. You can file a complaint online at dir.ca.gov/dlse, by phone at (844) 522-6734, or in person at your nearest Labor Commissioner office. There is no fee to file. Retaliation against an employee for exercising sick leave rights is illegal under California Labor Code Section 246.5, and the Labor Commissioner takes retaliation complaints seriously.

Step 4 — Contact legal aid: If you believe you have been terminated or had your hours retaliated against for using sick leave, contact your local legal aid organization. Many provide free representation for workers in IHSS sick leave disputes.

Sick Leave and Backup Care

One practical concern for providers is that taking sick leave means the recipient may go without care. IHSS recipients are encouraged — and in some cases helped by their county — to identify backup caregivers for situations like provider illness. If your recipient does not have a backup arrangement, encourage them to ask their social worker about emergency backup care options. Taking your sick leave when you are genuinely ill protects both you and the recipient — a sick provider risks transmitting illness to a vulnerable individual.

FAQ

Do I earn sick leave even if I only work part-time hours? Yes. California’s AB 1522 covers all employees, including part-time and variable-hour workers. As long as you work for the same recipient (employer) for 30 or more days within a year, you are covered. Accrual is based entirely on hours worked — there is no minimum hours-per-week threshold.

Can my recipient fire me for calling in sick? No. California Labor Code Section 246.5 prohibits employers from retaliating against employees for using sick leave they have lawfully accrued. If you believe your recipient or the county has reduced your hours, terminated your provider agreement, or taken other adverse action because you used sick leave, contact the California Labor Commissioner’s Office and SEIU 2015 immediately.

What if I have not been with the same recipient for 90 days yet? You earn sick leave from day one, but you cannot use it until after 90 calendar days of employment with the same recipient. If you are in that 90-day window and you are ill, you may need to take unpaid time off. Once the 90-day period passes, your accrued hours become available for use.

For more IHSS provider rights and payment guides, visit Unified Savers.

See also: IHSS Paid Sick Leave Rights California: 5 Days Per Year Under SB 616 — the complete guide to SB 616 accrual rules, carryover, and what qualifies as a valid sick leave use.