My Employer did not provide me with sick leave. As an employee, what do I need to know?
The Healthy Workplace Healthy Family Act of 2014 governs California’s sick leave law
The Department of Industrial Relations outlines your rights as an employee:
- You may request paid sick days in writing or verbally.
- You cannot be required to find a replacement as a condition for using paid sick leave.
- You can utilize paid sick leave for yourself or for a family member for the diagnosis, care or treatment of an existing health condition or preventative case or for specified purposes.
- You can utilize sick leave if you are a victim of domestic violence, sexual assault or stalking.
Understanding the Accrual Method
Typically, an employee is allowed to begin using any sick leave beginning on the 90th day of employment. However, paid sick leave allows your employer to designate sick leave in one of two ways:
- Your employer may allow the accrual of one hour of paid leave for every 30 hours worked up to a total of 48 hours or six days of paid sick leave every four weeks.
- Or, the employer may provide you with 24 hours of paid sick leave or paid time off by the 120th day of employment in each 12-month period you are employed.
How to Use Sick Leave
Labor Code § 246 (k) recognizes that “An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave.” Essentially, if you want to use a few hours of your sick leave for a simple doctor’s appointment, then you are entitled to do so. Your employer is violating your rights if you are required to take paid sick leave in increments greater than two hours.
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Used up All of Your Sick Leave?
If you used up all of your sick leave and you need to take time off due to your illness or a family member’s then you could risk being written up. Notably, you will not be paid if your accrued sick days have been used. However, the Family Medical Leave Act (FMLA) may provide for the protection you need for additional time off, like maternity/paternity leave or if you need to care for a family member with a serious health condition.
To summarize, your employer cannot discipline or terminate you for using paid sick leave unless you have used all of your sick leave and have an unexcused absence. If your employer has denied you your right to paid sick leave, written you up, or terminated you then contact our office, as you might have a claim for wrongful termination.
Any employee that works at least 30 days for the same employer within a year (including part-time, per diem, and temporary employees) are covered by the new law with a few exceptions:
- Employees covered by collective bargaining agreements with specified provisions.
- Retired annuitants working for governmental entities.
- Individuals employed by an air carrier as a flight deck or cabin crew member, if they receive compensated time off at least equivalent to the requirements of the new law.
- Providers of publicly – funded In – Home support services (IHSS) – but only until July 1, 2018
Sick Leave Disputes FAQ's
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 559-431-4888 today!
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When am I entitled to take paid sick leave?You begin accruing paid sick leave on the first day of your employment. An employee is entitled to take paid sick leave beginning on the 90th day of employment.
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When does the new law take effect?January 1, 2015 is the date California’s new sick leave law went into effect, however, the right to begin accruing and taking sick leave under the new law went into effect on July 1, 2015.
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Can I cash out my unused sick days, like I can with vacation or paid time off?No. Your employer’s policies and procedures must clearly provide for a payout. For example, if you leave your job and get rehired by the same employer within a twelve (12) month period, you may restore what you accrued in paid sick leave.