Effective July 1, 2024, all active IHSS providers in California are entitled to 40 hours of paid sick leave per fiscal year (July 1–June 30). This is a real, paid benefit — not unpaid leave — and it applies to every active provider in the state regardless of county. Most providers don't know it exists, and many who do know about it have never submitted a claim. This guide covers everything you need to know.
What changed in 2024 — AB 1554
Before July 1, 2024, IHSS providers were entitled to just 8 hours of paid sick leave per fiscal year — a benefit that was easy to overlook given its limited scope. California Assembly Bill 1554 expanded that entitlement to 40 hours per fiscal year, a fivefold increase that makes IHSS sick leave a meaningful benefit worth tracking and using.
The expansion applies to all active IHSS providers statewide. There is no opt-in required and no paperwork to establish eligibility beyond your existing provider enrollment. If you are an active IHSS provider, you have this benefit. The fiscal year runs July 1 through June 30 — unused hours do not roll over to the next year.
How to earn your sick leave
Sick leave accrues at a rate of 1 hour for every 2.5 hours worked, up to the 40-hour annual cap. To reach the full 40-hour balance, you need to have worked at least 100 hours in the fiscal year (100 ÷ 2.5 = 40 hours).
New providers who have not yet reached 100 hours will accrue proportionally. For example, a provider who has worked 50 hours in the fiscal year will have accrued 20 hours of sick leave (50 ÷ 2.5). Accrual is tracked automatically by CDSS based on your submitted and approved timesheets — you do not need to calculate it yourself. Your current balance is visible in your ESP account.
Hours worked across all recipients count toward your accrual total. If you serve two recipients and work a combined 100+ hours across both in the fiscal year, you qualify for the full 40-hour balance.
How to use sick leave
To use your accrued sick leave, you submit it on your timesheet — either electronically through the ESP portal at etimesheets.ihss.ca.gov or on a paper timesheet using the designated sick leave rows. In ESP, there is a dedicated sick leave section separate from your regular service hour entry. Enter the date(s) and number of sick leave hours used.
Notify your recipient before using sick leave when possible so they can arrange alternative care for the day. Sick leave is paid at your regular county hourly rate — the same rate as your IHSS service hours. For a provider in Los Angeles County earning $19.64/hour, 40 hours of sick leave has a cash value of $785.60 per fiscal year.
Ready to plan your hours?
Use the free IHSS Planner to build a compliant day-by-day schedule and see your estimated monthly earnings — in under 2 minutes.
Use the Free IHSS Planner →Does sick leave count toward your weekly cap or OT threshold?
No — on both counts. Sick leave hours are paid separately from your authorized service hours and do not count toward your weekly authorized hour limit (the 70:45 or 66:00 cap). They also do not count toward your 40-hour weekly overtime threshold.
This means you can use sick leave in a week where you have already worked 40 service hours without it pushing you further into overtime. Sick leave is a standalone paid benefit, independent of your service hour authorization. See our overtime rules guide for how the 40-hour threshold works in general.
What happens to unused sick leave
Unused sick leave does not carry over to the next fiscal year. Your balance resets to zero every July 1, regardless of how many hours you had remaining. If you have accrued sick leave hours remaining in late June and do not have a genuine illness to use them for, they will expire at fiscal year end.
Mark your calendar. Check your ESP balance in May or June each year so you know what you have available. If you have been managing a minor illness or a family member's health need that qualifies, using your remaining balance before June 30 is entirely appropriate.
How to check your sick leave balance
Log into your ESP account at etimesheets.ihss.ca.gov. Your available sick leave balance is displayed in your provider dashboard under the benefits or leave section. The balance shown reflects your accrued hours minus any hours already claimed in the current fiscal year.
If you do not see your sick leave balance in ESP, or if the balance appears incorrect, call the IHSS Service Desk at (866) 376-7066. They can look up your accrual record and correct any discrepancies. If you serve recipients in San Diego or Fresno, your county IHSS office can also assist with sick leave balance inquiries.
Sick leave vs. general time off
IHSS sick leave is specifically for illness — your own or a qualifying family member's. Under California law, paid sick leave can be used when you are ill, injured, or need to care for a sick family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling). It cannot be used as general PTO or vacation leave.
Submitting sick leave for non-qualifying purposes can trigger a review by your county IHSS office and may result in a repayment demand for improperly claimed hours. When in doubt about whether a situation qualifies, contact your county office before submitting the claim.