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

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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.

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Answered on 11/19/08, 6:53 pm


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