SICK LEAVE PAY LAWYER
California employees are entitled to one hour of sick pay for every 30 hours they work. This is true for both part-time and full-time employees. In Los Angeles, employees are entitled to up to 6 paid sick days per hour. Outside of Los Angeles, employees are entitled to up to 5 paid sick days a year. It is wrongful termination to fire an employee who has accrued sick pay, and takes off due to their illness or the illness of a child.
Sick leave is different than FMLA which is different from disability leave which is different from pregnancy disability leave. Do you see how employers could mistakenly assume you were on the wrong leave? Not grant you the right amount of time? Fire you because they were unaware of the rules of one of these laws? Well, that's what we are here for. Please contact us at 818-783-7300 if you were fired for a medical condition.
California sick leave laws apply to sicknesses of employees not limited to ordinary flus or colds. The need for a dermatologic treatment, dentistry, followup appointments for ongoing medical problems, urinary tract infections, and eye procedures are all covered by this law. Sick days may also be used for diagnosis, care, and preventative measures such as a pap smear, or colon exam.
Rules about carryovers of sick days are very complicated. There are also complicated exceptions depending on whether the employee is in a union, or works for the government.
When you call our employment lawyers, it helps if you have a paystub available. We want to confirm how many sick days you used, and how many are accrued and available to be used. If you do not have paystubs, or they do not indicate your accrual or use of sick days check your other records. Most medical appointments are confirmed by text or email. You may also have a record of when you called out sick and used a sick day. Going into the case, we want to make sure you still had sick days left. Again, sick leave are only some of your rights if you have to miss work due to your medical issues, or your those of a family member. Other leave laws may apply which we will discuss during your phone call to 818-783-7300.
HOW DO I LET MY EMPLOYER KNOW I WANT TO TAKE SICK LEAVE
California sick leave laws require employees to provide as much advance notice of the employee's need to use their paid sick days as possible. However, most sick leaves are not foreseeable. In the case of preventative, follow-up medical appointments, or scheduled diagnostic procedures employees do have advanced knowledge.
Sudden sickness and infections most likely just pop up. In unforeseen circumstances, employees are strongly advised to notify their employers of their need to use a sick day before their schedule shift or normal arrival time begins. Sometimes, employers argue they did not terminate the employee due to their use of a sick day, but due to the fact they were a no call no show. Obviously there are some medical occurrences which would result in an employee not being able to give notice or call. Examples include employees involved in accidents, unconscious, or otherwise hospitalized workers unable to use the phone. Our sick leave lawyers have litigated those fact patterns.