Can you get fired for using sick time

Understand your rights under California’s Sick Leave Statute, protecting employees who need to take time off due to illness. Learn how legal protections safeguard against wrongful termination for using sick leave.

By Douglas Wade, Attorney

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Table of Contents

1. Can you be fired for taking sick leave in California?

2. How to Handle a Labor Case in California

Can you be fired for taking sick leave in California?

The California Sick Leave Statute

All employers are required to implement paid sick leave plans with minimal requirements as of July 1, 2015. The law states that after working for a company for at least ninety days, any employee who works at least thirty days annually is eligible to start earning sick days. Rarely, employees—such as those covered by collective bargaining agreements—do not qualify for paid sick leave.

For every thirty hours worked, employees are required to earn one hour of sick leave. Pay for sick leave may be capped by employers at 48 hours or six workdays. Additionally, employers may restrict the amount of time worked to three days (or 24 hours) annually. Paid sick time that is not used must be carried over from one year to the next. Workers are entitled to paid sick leave in the event of an illness that affects them personally or a family member (widely defined to include siblings, in-laws, grandchildren, and domestic partners). Posters about sick leave have to be seen somewhere in the workplace by all employers.

Although your employer is free to implement a sick leave policy unique to the company that deviates from the general statewide policy, they must nonetheless comply with the minimal standards set forth by state law. Rules and benefits related to sick leave should be posted by your employer in a public location for staff members, such as the employee handbook. You may be entitled to file a claim against your employer if you use paid sick leave in accordance with business policy or legal rights and are faced with job termination or other forms of retaliation.

How to Handle a Labor Case in California

Generally speaking, an employer cannot take any kind of disciplinary action against a worker for taking legitimately acquired paid sick leave. According to California’s paid sick leave statute, an employer cannot refuse an employee’s request to take sick time, nor may they demote, fire, threaten to fire, suspend, or treat an employee unfairly if they take sick time. Depending on the specifics of the leave and the following employment termination, these scenarios may get complicated. Understanding the California Sick Leave Law is crucial for both employees and employers to ensure compliance and protect rights

Hire one of our skilled employment law experts to defend your rights as a California employee. After hearing about your circumstances, we will determine if you have a strong case for a California wrongful termination lawsuit. If so, we can assist you in suing your employer to recover damages. If you experience mental hardship, job loss, or back pay, you might be able to recoup your losses. Having legal representation assures that your company won’t take advantage of you and provides you the upper hand in negotiations. Contact us to schedule a free consultation with one of our employment lawyers to discuss your situation.

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