California employees are entitled to certain protections under the state’s labor laws, particularly regarding paid sick leave. However, issues often arise when employers implement “no-fault attendance policies.” Understanding these policies—and how they interact with California’s paid sick leave laws—can help employees and employers ensure compliance with the law.
What is Paid Sick Leave in California?
The Healthy Workplaces, Healthy Families Act of 2014 guarantees that most employees in California are entitled to paid sick leave. Employees accrue one hour of paid sick leave for every 30 hours worked and can use it for various reasons, including their own illness, caring for a family member, or addressing domestic violence, sexual assault, or stalking.
Under California state law, employers must allow employees to take at least 24 hours or three days of paid sick leave per year. Some localities have local sick leave ordinances that require more sick leave. Importantly, employers cannot retaliate against employees for using paid sick leave. The anti-retaliation protections also cover paid sick leave that is more generous in amount than the state-mandated sick leave, something that some companies do as a matter of policy, contract with employees, or local compliance.
What are No-Fault Attendance Policies?
No-fault attendance policies assign “points” or “occurrences” or some other kind of demerit to employees for any absence, regardless of the reason. Once an employee accrues a certain number of points, they may face disciplinary action, including termination.
While these policies aim to streamline attendance management, they can conflict with California’s employment laws if improperly applied. Under the terms of the paid sick leave law (and Labor Code sections 233 and 234), if an employee has accrued and available sick leave, and is using his or her accrued paid sick leave for a purpose as specified in the law, it is not permissible for an employer to give the employee an “occurrence” for the absence under such an attendance policy because this would constitute a form of discipline against an employee for using his or her paid sick leave as allowed under the paid sick leave law. Therefore, if an employee is penalized under a no-fault attendance policy for an absence from work that was a valid use of a paid sick day, it could constitute retaliation or a violation of their legal rights.
Paid Sick Leave and No-Fault Attendance Policies: Where Conflicts Arise
Under California law, paid sick leave is protected. Employers cannot count sick leave-related absences against employees under a no-fault attendance policy. Doing so may lead to legal disputes and significant penalties.
The California Department of Industrial Relations emphasizes that retaliating against employees for using protected leave is illegal. This means that no-fault attendance policies must have exceptions for legally protected absences, such as those covered under California’s paid sick leave laws.
What Can Employees Do?
If you believe your employer is penalizing you for using paid sick leave, you have rights. Start by documenting the situation, including any communications or attendance records. Consult with an employment attorney to explore your options for filing a complaint or taking legal action.
Valerian Law is Here to Help
California’s paid sick leave laws provide critical protections for workers, but no-fault attendance policies can sometimes undermine these rights. Whether you’re an employee or an employer, understanding the intersection of these laws and policies is key to maintaining a fair and lawful workplace.
If you have questions or concerns about paid sick leave in California or no-fault attendance policies, contact Valerian Law for expert guidance.