Legal Question in Employment Law in California
Sick Leave
Can I get fired for being sick if I have the sick time?
Asked on 11/18/08, 8:01 pm
2 Answers from Attorneys
Arkady Itkin
Law Office of Arkady Itkin
Re: Sick Leave
This will likely be unlawful. Depending on the nature of your condition, if your employer terminates your employment because of taking sick leave, the employer might be liable for FMLA/CFRA violation/retaliation, and breach of contract/implied covenant of good faith and fair dealing if sick leave is a formal part of your employment/benefits package.
Thanks,
Arkady Itkin
San Frnacisco Employment Lawyer
http://www.sanfranciscoemploymentlawfirm.com
Answered on 11/19/08, 2:32 pm
Terry A. Nelson
Nelson & Lawless
Re: Sick Leave
Merely sick, yes. If you were on FMLA/CFRA qualified leave, no. If you think you were, consult with local counsel for help.
Answered on 11/19/08, 6:53 pm