Legal Question in Workers Comp in California

I live and work in California my employer says I have to be sick three scheduled days before eligible for sick pay. is that legal?


Asked on 10/24/14, 7:17 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

This is not Workers Compensation law. The Workers Compensation Act of the California Labor Code DOES say that the Employer need not pay TEMPORARY DISABILITY PAYMENTS for the first 3 days of a WORK INJURY.

A Work Injury is completely different from a personal sickness.

After the Injured Worker is unable to work for more than 14 days, the employer must then go back and pay that injured worker for those first three days missed from work.

I am not aware of any portion of the California Labor Code requiring any employer to pay an employee who stays home sick. Each Company has it's own internal policy on paying an employee who does not come in because they are ill.

If you work for a company that does not pay Sick Leave Benefits for the first three days of any illness, you may wish to find another employer.

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Answered on 11/03/14, 1:24 pm


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