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Wrongful Termination Under a Sick Leave Policy in California

Home » Wrongful Termination Under a Sick Leave Policy in California

Fired For Using Sick Time in California?

In California, employment laws starting in 2015 require all employers to provide paid sick leave to employees. The Healthy Workplaces, Healthy Families Act of 2014 mandates paid sick leave to all employees, regardless of the size of the company. All employees who have worked at least 30 days in the past year are eligible to take paid sick leave. If your employer terminated your employment for taking the paid sick leave the state law grants you, you could have a wrongful termination claim on your hands. Get professional help with these types of claims from an experienced Los Angeles Wrongful Termination Lawyer at Nosratilaw, A Professional Law Corporation.

California Sick Leave Law

Beginning on July 1, 2015, all employers must institute paid sick leave policies with minimum stipulations. According to the law, all employees who work at least 30 days per year are eligible to begin accruing sick days after working for a company for at least 90 days. There are rare cases in which employees are not eligible for paid sick leave, such as employees under collective bargaining agreements.

Employees must accrue one hour of sick leave for every 30 hours worked. Employers have the right to cap paid sick leave at 48 hours or six work days. Employers can also limit the number of hours used to three days (24 hours) per year. Unused paid sick leave must carry over from one year to the next. Employees may take paid sick leave for their own health problems or those of a family member (broadly defined to include domestic partners, grandchildren, in-laws, and siblings). All employers must display sick leave posters somewhere in the workplace.

Your employer can enact a company-specific sick leave policy that differs from the general statewide one, but he or she must at least fulfill the state law’s minimum requirements. Your employer should list sick leave rules and privileges somewhere visible to employees, such as an employee handbook. If you face job termination or another form of retaliation, for using paid sick leave within your rights by law or company policy, you might be able to bring a claim against your employer.

How to Fight a Labor Case in Los Angeles, CA

In general, an employer cannot discipline an employee in any way for using paid sick leave he or she has rightfully accrued. The paid sick leave law in California states that an employer cannot deny an employee the right to take sick leave, nor can an employer demote, terminate, threaten to terminate, suspend, or in any way discriminate against an employee who uses sick leave. These cases can become complex depending on the circumstances of the leave and the subsequent job termination.

Protect your rights as a Los Angeles employee by retaining one of our knowledgeable employment law attorneys. Mr. Nosrati or one of his associates can listen to your situation and tell you if your case has merit as a wrongful termination claim in California. If so, we can help you sue your employer for damages. You may be eligible to recover losses for back pay, the loss of your job, and emotional distress. Working with a lawyer gives you the upper hand in negotiations with your employer, and ensures he or she doesn’t take advantage of you. To meet with one of our employment attorneys in Los Angeles about your case for free, get in touch with us.

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