Sick Leave Rights for California Employees

Everyone gets sick from time to time, but despite the need to rest and recover some employers will try and compel their employees to come into work. California and federal laws protect the rights of workers to use their paid sick leave, and if an employer is trying to prevent you or others in your workplace from using their sick leave you may have a claim for damages. To learn more about your legal options, talk to an experienced California employment law attorney in your area today.

Who is Entitled to Sick Leave?

Employees are entitled to sick leave under the Healthy Workplace Healthy Family Act of 2014 in California, which applies to most exempt and non-exempt workers. This Act mandates sick leave for employees who have worked more than thirty days in a calendar year, and workers must provide at least one hour of sick leave for every thirty hours worked. At minimum, this means that employees are entitled to at least three sick days per year. In addition, employees are allowed to roll over accrued, but unused, sick leave from the prior year, although employers are allowed to set caps at six days.

How Can I Use My Sick Leave?

A worker is allowed to use paid sick leave to take care of their own medical issues or the health matters of loved ones. The California Kin Care Law allows workers to use sick leave to provide care for a sick or disabled child, spouse, domestic partner, parent, sibling, grandchild, or grandparent. An employee is also allowed to use paid sick leave for certain emergencies, such as when a worker is the victim of domestic violence, sexual assault, stalking, or needs a restraining order. They can also use paid sick leave to seek medical attention, psychological counseling, or secure the services of a domestic violence shelter, rape crisis center, or safety planning.  

Can My Sick Leave be Denied?

An employer is not allowed to deny an employee’s use of paid sick leave. In addition, an employer is not allowed to retaliate against a worker for using their sick leave, including termination, demotion, or disciplinary action. Contrary to common belief, an employer also cannot compel an employee to find someone else to cover their work before using their paid sick leave. If a supervisor demands that you find someone to cover your shift when using paid sick leave, you are allowed to politely tell them no without repercussion.

If an employer retaliates against a worker for using their paid sick leave or denies the use of sick leave by an employee, that affected worker may have a claim for damages. Employees denied sick leave may be entitled to lost wages, payment for withheld sick days, liquidated damages, and attorneys’ fees.

Talk to a Lawyer Now

Do you have more questions about your rights as a California worker to paid sick leave? If so, an experienced and knowledgeable employment law attorney in your area may be able to help. Call or contact a lawyer in your area today to schedule a consultation.