If you work in Berkeley, there is a specific Paid Sick Leave Ordinance that functions alongside California’s laws for paid sick leave, and it is more protective and generally considered more beneficial to workers. A Berkeley paid sick leave lawyer at Valerian Law can help you make sense of your rights under Berkeley’s Paid Sick Leave Ordinance, explain employers’ responsibilities, and help you if you have been penalized for a lawful use of paid sick leave.
If you believe your employer penalized you for using paid sick leave, don’t wait. Complete the form or call us at (866) 610-7987 for a free, confidential consultation. We’ll explain your rights and guide you through the process of holding your employer accountable.
Paid Sick Leave Attorney in Berkeley, CA
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.
What Are No-Fault Attendance Policies?
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 employment 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
Valerian Law provides comprehensive legal support for all types of sick leave disputes in Berkeley. We have extensive experience addressing disputes under both California law and Berkeley’s unique Paid Sick Leave Ordinance. We can answer your questions and provide detailed support through all stages of your case.
FAQs
FAQS DISCLAIMER
The questions and answers presented in the FAQ are not intended to be exhaustive and do not constitute legal advice for your particular question, issue, or concern, nor does this FAQ create any attorney-client relationship or duty on our part to assist you. The information may help you think about your issues and ask the right questions if you choose to consult with an attorney.
How Much Sick Leave Can You Take in Berkeley?
In Berkeley, there are limits to how much sick leave you can take based on your work schedule and other terms under the local Paid Sick Leave Ordinance. At a minimum, under California law, an employee can take at least five days or 40 hours per year, whichever is more. The baseline accrual rate for paid sick time is one hour for every 30 hours worked. Small employers cap this accrual at 48 hours, and all other employers have a 72-hour accrual cap.
Who Is Covered in Berkeley, and When Do State Rules Also Apply?
In Berkeley, almost all employees are covered, and state rules also apply to most paid sick leave disputes. The Berkeley definition of an employee is anyone who works for at least two hours in a calendar week, including hybrid, remote, and multi-site workers. If any part of your work week is worked in Berkeley, city rules apply along with applicable state minimums.
How Much Sick Time Can You Accrue in Berkeley?
The amount of sick time you can accrue in Berkeley follows local and state rules. The standard accrual rate is one hour of paid sick time per 30 hours worked. State law can cause use at 40 hours or five days and accrual at 80 hours or 10 days. Berkeley’s higher accrual caps take precedence if you work in Berkeley, and this is beneficial to most workers. The state requires at least 40 hours or five days upfront during each 12-month period.
How Can You Use Paid Sick Leave in Berkeley?
In Berkeley, you can use paid sick leave when you are unable to work due to illness, to undergo diagnostic testing, to receive medical treatment, or to pursue preventive care for yourself or a loved one. Berkeley enforces designated person rights, and there are special rules that apply to an individual who has no spouse or domestic partner.
Can My Employer Replace Me While I’m on Sick Leave?
Your employer cannot replace you while you are on sick leave. They also cannot force you to spend more than $15 to document any lawful use of your sick leave, and they must pay you for used sick time on time, with the next regular paycheck after you take sick leave. Employers are also subject to a four-year record retention requirement and cannot cite sick leave as an absence that results in disciplinary action under California Labor Code Sections 233 and 234.
Consult To Our Berkeley Paid Sick Leave Lawyer
If you believe your employer penalized you for using paid sick leave, don’t wait. Complete this form or call us at (866) 610-7987 for a free, confidential consultation. We’ll explain your rights and guide you through the process of holding your employer accountable.
