States

Benefits rules in California

California asks more of employers than federal law does, starting with retirement savings and paid sick leave.

Last updated: 2026-10-26

Federal rules apply in California as they do everywhere. On top of them, California has its own rules on retirement savings, paid sick leave and continued health coverage.

Retirement savings: CalSavers

Since January 1, 2026, every California employer with one or more employees must offer a qualified retirement plan or register with CalSavers, unless it has a valid exemption. The last group to come in, employers with 1 to 4 employees, had until December 31, 2025 to register or ask for an exemption.

If you already sponsor a qualified plan, that plan counts. If you do not, CalSavers is the state’s program. An advisor can walk through both.

California employers must let each worker use at least five days or 40 hours of paid sick leave a year, whichever is more. This rule took effect on January 1, 2024.

Continued health coverage: Cal-COBRA

Federal COBRA generally starts at 20 employees. Cal-COBRA extends continuation coverage to employees of California employers with 2 to 19 employees. If you offer a group health plan, ask your advisor how Cal-COBRA works with it.

Questions to bring to your advisor

  • Do we sponsor a plan that counts, or do we need CalSavers?
  • How does our paid sick leave policy line up with the state rule?
  • If we offer a group health plan, how does Cal-COBRA apply to us?
  • Do we have people working in other states too?

Where these facts come from

Questions owners ask

Do California employers have to offer a retirement plan?

They have to offer access to one. Since January 1, 2026, California employers with one or more employees must offer a qualified retirement plan or register with CalSavers, the state program, unless they have a valid exemption.

How much paid sick leave must a California employer allow?

At least five days or 40 hours a year, whichever is more, according to the California Labor Commissioner.

What is Cal-COBRA?

A California program that extends continuation coverage to employees of California employers with 2 to 19 employees, who are too small for federal COBRA.

Three roofers are silhouetted on the roof ridge of a house against a yellow evening sky, one carrying a long-handled fork tool on his shoulder.

Bring your questions.Talk them through with an advisor.