Legal Question in Employment Law in California

Re: Sick time out

I do not know enough facts about your situation, workplace or environment to answer your question fully. However, if the workplace is one that is governed by OSHA as to workplace health and safety requirements which require employees to have a clean, safe environment, and reporting to work sick is a violation of OSHA, then there might be something.

However, the only persons with standing to complain would be those who had earned the right to sick leave under the handbook/policy and would denied that by this verbal policy. If you had not earned sick time and got sick because others were told not to call in sick, then I am not seeing a claim.

The only other possibility would be if the employer was trying to keep people who have a disability (like cancer, broken foot, pregnancy, etc..) or approved medical leave from taking time off, then there might be a claim of interference or discrimination. However, I am not sure that is present with the facts you have provided.

Please feel free to contact me with additional facts if you feel it will be helpful.

Sincerely, Beth Mora

Re: Sick time out

You have the right to complain to your employer if you reasonably believe your employer is subjecting you to an unsafe work environment (Cal. Labor Code, Sec. 6311, for example).

But this is a tricky situation with competing interests and you should be careful how to approach your employer with these concerns. Consult with an experienced employment law attorney, if you are unsure how to handle the matter.