Legal Question in Employment Law in California

Sick Days exceed sick leave provision

We have a substitute teacher who, by contract, is allowed up to 10 days sick leave for the school year. He has no vacation pay other than the 11 school holidays that all employees receive. He has been sick more than his 10 days. Can we not pay him for the days that he is not at work? We don't have language in our personnel handbook that addresses this? What are our options? He is an at-will employee.


Asked on 2/19/07, 3:31 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Sick Days exceed sick leave provision

Paid sick days are a benefit employers may offer but are not required to do so. If you are a private employer, not subject to a union contract, there is no law that says the employee must be paid for days they are out sick. It is best to apply any policy uniformly and consistently to all employees to avoid future problems.

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Answered on 2/22/07, 4:22 pm


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