Legal Question in Employment Law in California

I work for a very large medical organization in a call center in California. I have no contract and am an at will employee. I am given Sick time, Vacation time, Floating holidays and Extended Sick leave each year. The sick time, vacation time & floating holidays are all grouped together as PTO time to be used as needed. The extended sick leave is only for use if an employee goes out on leave.

If using any of the PTO time, 2 weeks notice is required or the time off is considered an 'unexcused abscense' or a 'tardy'. Accumulation of tardies or unexcused abscenses result in progressive discipline.

My question is whether or not it is legal for a company to penalize someone for using their sick pay to call out sick or go to a doctor when sick, even if using PTO time the compnay has provided for that very purpose?


Asked on 1/31/13, 2:43 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Although employers can have attendance policies which can penalize employees for missing too much work, there are exceptions. For example, if this is an employer that employs 50 or more people within a 75 mile radius of where you work, it is subject to what is commonly known as the Family Medical Leave Act. Under the FMLA and its California equivalent, the CFRA, employers must allow qualified employees to take up to 12 weeks off, within a 12 month period, due to a serious illness or injury. We also have laws that protect people with disabilities or certain medical conditions from discrimination because of the disability or medical condition. Employers may not discipline an employee protected under one of these laws.

There are also a variety of laws that allow employees to take time off for other reasons, such as to serve jury duty, attend their children's school activities, observe a religious holiday, etc. The list is too long and the conditions too varied to explain here. If you believe your employer should not be disciplining you for a specific reason which you believe to be unreasonable, you should consult with an employment law attorney in your area.

Read more
Answered on 1/31/13, 9:28 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California