Direct answer: San Jose (Santa Clara County) requires paid sick leave for 1 employee. Accrual 1 hour per 30 hours, max 40 hours/year (or 3 days frontloaded), paid. Source: https://www.sanjoseca.gov/; retrieved 2026-08-23.
This page summarizes a local ordinance for general guidance only. It is not legal advice. The controlling language is the official municipal code at the source link below.
Local ordinance vs California state law
Provision
San Jose
California State
Employer threshold
1 employee
1 employee
Accrual rate
1 hour per 30 hours
1 hour per 30 hours worked
Max accrual
40 hours/year (or 3 days frontloaded)
80 hours accrual cap; 40 hours (5 days) usage cap per year
Paid / unpaid
paid
paid
Local insight
San Jose Paid Sick Leave Ordinance: separate city law, no size threshold.
Compliance go / no-go
Determine if your workforce meets the local threshold (1 employee).
Accrue at 1 hour per 30 hours (or use a more generous PTO policy that meets/exceeds the local minimum).
Cap accrual at 40 hours/year (or 3 days frontloaded); honor carryover per local rule.
Post the required notice and keep a written policy citing the local ordinance.
San Jose may have private right of action / penalties for non-compliance — retain records.
What are the paid sick leave rules in San Jose for 2026?
San Jose requires paid sick leave for 1 employee. Accrual: 1 hour per 30 hours. Max: 40 hours/year (or 3 days frontloaded). San Jose Paid Sick Leave Ordinance: separate city law, no size threshold.
How does San Jose sick leave differ from California state law?
San Jose ordinance follows the same accrual framework as California state law but may have local administrative details. See the official source for exact text.
Where can I find the official San Jose sick leave ordinance?
The official text is published by the local agency: https://www.sanjoseca.gov/.