Can I Be Fired for Taking Sick Days in California?

Taking time off when you are sick is not only necessary for your health, but it is also a legal right under California law. Many employees worry that requesting or using sick leave could put their jobs at risk. However, California has specific laws in place to protect workers who need time off due to illness. This article outlines your rights, explains the legal protections against employer retaliation, and provides guidance on what to do if you face discipline or termination for using sick days.

California Sick Leave Laws

The key law that governs paid sick leave in California is the Healthy Workplaces, Healthy Families Act of 2014, found in California Labor Code sections 245 to 249. Under this law, most employees in California are entitled to paid sick leave.

Here are the main provisions of California’s paid sick leave law:

• Employees earn a minimum of one hour of paid sick leave for every 30 hours worked.
• Employers may limit use to 24 hours or 3 days per year, but employees can accrue up to 48 hours or 6 days.
• Sick leave can be used for the diagnosis, care, or treatment of an existing health condition, or preventive care, for the employee or a family member.
• Employees can also use sick leave if they are a victim of domestic violence, sexual assault, or stalking.
• Employees become eligible after working in California for the same employer for at least 30 days within a year and may begin using their leave after 90 days of employment.

Some cities in California, including San Francisco, Los Angeles, and San Diego, have their own sick leave ordinances that offer greater protections. Employers must follow the law that provides the most generous benefits to the employee.

Employer Retaliation Bans

California law explicitly prohibits employers from retaliating against employees for using or attempting to use paid sick leave. This includes:

• Terminating the employee
• Suspending the employee
• Issuing a disciplinary write-up
• Reducing hours or changing schedules as punishment
• Threatening negative consequences for taking sick leave

California Labor Code section 246.5(c) makes it unlawful for an employer to deny an employee the right to use accrued sick leave or to retaliate against an employee for using sick leave. If your employer takes adverse action against you within 30 days of you requesting or using paid sick leave, the law presumes retaliation unless the employer can prove otherwise.

This strong presumption gives workers significant protection and can be used to support a legal claim if adverse action is taken related to sick leave use.

How to Respond If You’re Disciplined or Fired

If you believe you were punished or fired for taking sick leave, there are specific steps you should follow to protect your legal rights:

• Document Everything: Keep detailed records of your sick leave requests, doctors’ notes, emails, text messages, and any communication with your employer.
• Request a Written Reason: Ask your employer to provide a written explanation for your termination or disciplinary action.
• File a Complaint: You may file a complaint with the California Division of Labor Standards Enforcement (DLSE). The DLSE investigates retaliation claims related to paid sick leave.
• Consult with an Employment Attorney: An experienced employment lawyer can evaluate your case and determine whether you are entitled to compensation for lost wages, reinstatement, or other remedies.

Retaliation and wrongful termination claims related to sick leave are taken seriously under California law. If your rights have been violated, prompt legal action can help preserve evidence and protect your legal interests.

Contact Miracle Mile Law Group

If you have been wrongfully terminated or disciplined for using sick leave, you may be entitled to legal remedies. The attorneys at Miracle Mile Law Group are experienced in handling retaliation and wrongful termination cases under California employment law. We represent workers across the state and fight to protect employee rights.

Contact us today for a confidential consultation. We work on a contingency fee basis, which means you pay nothing unless we win your case.