§ 246.5. — 246.5. (Amended by Stats. 2025, Ch. 148, Sec. 6.)

(a)
Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes:
(1)
Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.
(2)
(A)
For leave taken or requested on or before December 31, 2024, for a purpose described in subdivision (c) of Section 230 or subdivision (a) of Section 230.1.
(B)
For leave taken or requested on or after January 1, 2025, for a purpose described in paragraph (1), (2), or (3) of subdivision (a) of, or subdivision (b) of, Section 12945.8 of the Government
Code.
(C)
For leave taken or requested on or after January 1, 2026, for a purpose described in paragraph (4) of subdivision (a) of Section 12945.8 of the Government Code.
(3)
(A)
For an employee who is an agricultural employee, as defined in Section 9110, who works outside and who is entitled to paid sick days under this article, to avoid smoke, heat, or flooding conditions created by a local or state emergency, including, but not limited to, when the employee’s worksite is closed due to the smoke, heat, or flooding conditions.
(B)
For purposes of this paragraph, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed
pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working.
(b)
An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days.
(c)
(1)
An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article.
(2)
There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following:
(A)
The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article.
(B)
The cooperation of an employee with an investigation or prosecution of an alleged violation of this article.
(C)
Opposition by the employee to a policy, practice, or act that is prohibited by this article.
(d)
Notwithstanding subdivision (a) of Section 245.5, for purposes of this section,
“employee” shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5.

Legislative History

Amended by Stats. 2025, Ch. 148, Sec. 6. (AB 406) Effective October 1, 2025.