What are my rights to paid sick leave in California, and does my immigration status affect my eligibility?

In California, you have the right to paid sick leave regardless of your immigration status. State labor laws protect all workers, and your employer cannot deny you this right based on where you were born or your legal status. Here's how to understand and exercise your right to paid sick leave: Step 1: Confirm You Are Eligible You are eligible for sick leave if you have worked for the same employer for at least 30 days within a year in California. This applies to most temporary, part-time, and full-time employees. Step 2: Track Your Accrued Hours Check your pay stub or a separate document from your employer to see your available sick leave balance. You generally earn at least one hour of paid leave for every 30 hours you work. Step 3: Request Leave for a Valid Reason You can use sick leave for your own illness, diagnosis, or preventive care. You can also use it to care for a family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling). Step 4: Notify Your Employer Tell your employer you need to take sick leave. A verbal notice is sufficient unless your employer has a reasonable written policy for providing notice. Your employer cannot require you to find a replacement worker to cover your shift. Step 5: File a Claim if Your Rights are Violated If your employer denies your right to use accrued sick leave, retaliates against you for using it, or fires you, you can file a wage claim with the California Labor Commissioner's Office. You can file the claim online at dir.ca.gov or at a local office. Important Details and Nuances Your employer cannot ask for proof of your immigration status when you request sick leave. They also cannot retaliate against you for using your rights. Some cities, such as Los Angeles, Oakland, and San Francisco, have local ordinances that may provide more generous sick leave benefits than state law. Warnings and Limitations While you accrue leave from your first day, your employer can require you to wait until your 90th day of employment to start using it. An employer can limit the amount of sick leave you use per year to 40 hours or five days, whichever is more. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.