Can I Use Paid Sick Leave for COVID-19?

Over the last couple of weeks, California’s workers have been in a state of flux with the emergence of the coronavirus (COVID-19). Employers’ reactions to the illness have ranged across the spectrum from mandating remote work for their employees, to a blanket refusal of time off because of the virus, and everything in between. As an employee in California, it is more important than ever that you understand your rights as a worker and what you can do to protect yourself and your loved ones during this pandemic. For more information, call or contact an experienced employment law attorney today.

Can I Use Paid Sick Leave?

Under California law, an employee is allowed to use paid sick leave due to COVID-19 in certain circumstances. An employer is required to provide paid sick days off for an employee who has accrued the time and it is used for an absence due to actual COVID-19 illness, diagnosis, care or treatment of the illness, or for preventative care measures for the employee or their family. Self-quarantine may qualify as preventative care if recommended by the authorities or because an employee knows that he or she has been exposed to someone that has tested positive for the illness. Recent travel to a high risk area may also qualify for a reason to self-quarantine, which an employee can use paid sick days for with their employer.

What if I Run Out of Paid Sick Days?

If an employee in California runs out of paid sick days, they are allowed to use other types of paid leave time to cover their absence due to COVID-19. If the employee has accrued vacation days or other types of paid time off that is provided by their employer, a worker is allowed to use that time as well for any absences related to the pandemic. Furthermore, an employer cannot require that an employee use their paid sick leave first before utilizing other forms of paid time off. That determination is left to the employee on how they wish to use their accumulated paid time.

What Happens if My Employer Retaliates for Using My Sick Leave?

California and federal laws prohibit an employer from retaliating against an employee for using their paid sick leave or any other accumulated paid time off. Retaliation can include firing, demotion, discipline, salary or wage deduction, and job or shift reassignment. Making immigration-related threats also counts as retaliatory action in California. If you believe that an employer is retaliating against you for using your paid sick leave during the COVID-19 crisis, it is important that you speak with an experienced employment law attorney as soon as possible.

Talk to an Employment Attorney Now

In these unprecedented times for our country’s workforce, it is more important than ever that employees know and protect their rights in the workplace. To learn more about your rights in the California workforce, reach out to an expert attorney