If you believe your employer penalized you for using paid sick leave, don’t wait. Complete the form or call us at (888) 686-1918 for a free, confidential consultation. We’ll explain your rights and guide you through the process of holding your employer accountable.
What Is Paid Sick Leave in California?
Under the Healthy Workplaces, Healthy Families Act of 2014, most California employees earn one hour of paid sick leave for every 30 hours worked. You can use that time for your own illness or injury, to care for a family member, or to address issues related to domestic violence, sexual assault, or stalking. Employers must provide at least 40 hours (five days) of paid sick leave per year, and some cities require even more. By law, employers cannot retaliate when you use protected sick leave, even if their own policy offers more generous leave.
What Are No-Fault Attendance Policies?
A no-fault attendance policy assigns “points” or “occurrences” for any absence, regardless of the reason. Accumulate too many points, and you could face discipline or termination. These policies are meant to manage attendance uniformly, but they can conflict with California’s paid sick leave laws when applied without exceptions for legally protected absences.
When Policies Collide: Paid Sick Leave vs. No-Fault Attendance
California law (Labor Code §§ 233–234) protects your right to use accrued paid sick leave. If you have available sick leave and use it for a covered reason, your employer may not count that absence as an “occurrence” under a no-fault policy. Doing so unlawfully penalizes you for taking paid sick leave, which amounts to illegal retaliation.
For example, a valid sick-day absence, whether for a doctor’s appointment or caring for an ill child, cannot trigger points under a no-fault policy. If your employer does mark such an absence, they violate state law and anti-retaliation provisions that extend even to more generous local or company policies.
How to Protect Yourself
- Document Everything
– Keep copies of your employer’s attendance policy.
– Save notices, emails, or memos showing you requested and used paid sick leave.
– Record dates and details of any points or occurrences assigned. - Review Your Employer’s Policy
– Check whether your no-fault policy explicitly carves out exceptions for paid sick leave.
– Look for language that mirrors California’s minimum requirements or provides more generous leave. - Know Your Rights
– Under California law, you are entitled to use paid sick leave without penalty.
– If you’re disciplined for a valid sick-day absence, that is a violation of Labor Code §§ 233–234 and anti-retaliation protections. - Consult an Employment Attorney
– An experienced attorney can confirm whether your employer’s policy illegally penalizes you.
– If you qualify for the FAA exemption, you may pursue injunctive relief in court that could benefit all affected workers.
Valerian Law Is Here to Help
No-fault attendance policies must carve out exceptions for protected sick leave. When they fail to do so, employees can face wrongful discipline, lost wages, or termination. At Valerian Law, we understand how California’s paid sick leave requirements intersect with no-fault policies, and how large employers like Walmart and Amazon often enforce them. We help you:
- Identify violations of paid sick leave and anti-retaliation laws
Document and challenge improper attendance points or disciplinary actions - Pursue injunctive relief and legal remedies, including reinstatement and back pay
If you believe your employer penalized you for using paid sick leave, don’t wait. Complete the form above or call us at (888) 686-1918 for a free, confidential consultation. We’ll explain your rights and guide you through the process of holding your employer accountable.