If you were denied paid sick leave in Livermore, CA, you may be wondering if your employer’s decision is legal or whether your employee rights were violated. California has several laws protecting employees’ rights to paid sick leave. Often, denied sick leave can result in an employment discrimination case. Valerian Law, P.C., can represent you if such a case becomes necessary.

How Sick Leave Works in California

In California, all employees who work for the same employer for at least 30 days in a year and have been employed for at least 90 days are entitled to paid sick leave. This includes full-time, part-time, and temporary employees. Employers must provide at least five days or 40 hours of paid sick leave each year. This can be through an accrual system, or they can be provided upfront at the beginning of the year.

Paid sick leave can support physical health and recovery while allowing you to receive medical care, such as through the Stanford Health Care Tri-Valley Medical Center or the Livermore Division of the VA Palo Alto Health Care System. Paid sick leave is often used for:

• Your own illness or injury
• Medical appointments or treatment
• Caring for family members
• Situations where you or a family member was a victim of domestic violence

Paid sick leave is important for any employee, but it often has even more weight for pregnant employees, older employees, or those in physically demanding jobs. Over one-fifth of California employees are 55 or over, which often comes with increased medical needs.

What an Employer Can and Cannot Do Regarding Paid Sick Leave

While your right to paid sick leave is protected by California employment discrimination laws, your employer can establish reasonable policies and procedures regarding its use. An employer can generally:

• Ask for reasonable notice before use. If the need for leave is foreseeable, such as a planned medical appointment, an employer can ask to be alerted in advance.
• Use a PTO plan that includes paid sick leave. An employer can merge vacation and sick leave into a single PTO plan, so long as they still meet the requirements for paid sick leave.
• Deny paid sick leave if you used available leave. An employer can deny requests for paid sick leave if you have exceeded your 40 hours in a year or have not accrued sufficient paid sick leave time.

There are also situations where an employer oversteps their authority, which results in a violation of your employee rights. An employer cannot:

• Deny paid sick leave without a valid reason. If you have paid sick leave time available and a valid reason for taking it, your employer cannot deny your request. Reasons such as short staffing or busy hours are not valid reasons.
• Retaliate against you for using sick leave. Retaliation occurs when an employer penalizes employees for exercising their rights, such as through firing, discipline, poor performance evaluations, or harassment.
• Create policies that discourage using paid sick leave. An employer cannot create attendance systems or penalty systems that punish or shame employees for using protected sick leave.

Understanding California’s Employment Discrimination Laws

In some situations, denial of paid sick leave can become an employment discrimination case. This can happen if the denial or negative treatment surrounding the leave is because of a protected characteristic, such as:

• Disability
• Pregnancy
• Age
• Gender
• Race
• National origin

An employment discrimination case is serious, involving strict employment discrimination laws. A Livermore employment discrimination attorney can prove that your employer’s unlawful actions were based on a protected characteristic. However, no matter what factors are contributing to an unlawful denial of your paid sick leave, you should hire an employment lawyer right away.

Why You Should Hire an Employment Lawyer From Valerian Law, P.C.

Valerian Law, P.C., has more than 50 years of experience with employment law. Whether you need help obtaining denied benefits, recovering pay, or pushing back against discriminatory leave policies, we can advance your interests. Our lawyers are dedicated to empowering employees to stand up for their rights and file claims against their employers.

FAQs

Can an Employer Deny Sick Pay in California?

No, if an employee lawfully took paid sick leave, their sick pay can’t be denied or withheld. If your employer is refusing to pay you the sick pay you are entitled to, you should work with an employment lawyer to pursue these lost wages and hold your employer accountable for their misconduct.

What Should You Do After Your Sick Leave Was Denied?

If your sick leave was denied for an illegal reason, such as discrimination or violating California labor laws, you should document what happened. Try to preserve relevant evidence, which could include:

• Emails and text messages
• Attendance records
• Work schedules
• Written requests for leave
• Employee handbook policies

Then, take this evidence to a lawyer who can explain your legal rights.

Can an Employer Require a Doctor’s Note for Paid Sick Leave?

No, having a doctor’s note or providing other medical records is not required to take paid sick leave. If your employer has denied your leave because you haven’t or do not wish to provide a doctor’s note, they are violating your right to paid sick leave. You can file a complaint internally to report this violation, though you may need a lawyer who can explain the specific paid sick leave laws to your employer.

What Is the New Law for Sick Pay in California?

The new paid sick leave law in California went into effect in 2024. This law changed the required amount of sick leave that an employer must provide to five days or 40 hours per year. Previously, an employer was able to limit sick leave to 24 hours or three days a year. If your employer is still following this outdated limit, speak to them about updating the company policy. If no progress is made, reach out to a lawyer.

Work With a Skilled Livermore Employment Discrimination Attorney