Sick leave is a benefit that allows you to take time off from work when you are ill or injured. You may need to use your sick leave for various reasons, such as recovering from a surgery, caring for a family member, or getting a COVID-19 vaccine. However, you may be worried about how your employer will react to your absence. Will you be penalized, demoted, or even fired for taking sick leave? What if your employer has an absence control policy that counts sick leave as an absence that may lead to discipline or termination? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as an employee under California Labor Code Section 234 and how we can help you if your employer violates them.
What is California Labor Code Section 234?
California Labor Code Section 234 is a California law that prohibits employers from having an absence control policy that counts sick leave taken under Labor Code Section 233 as an absence that may lead to discipline, discharge, demotion, or suspension. This law also entitles employees who are subject to such a policy to appropriate legal and equitable relief.
Labor Code Section 233 is another California law that requires employers who provide sick leave for their employees to allow them to use their accrued and available sick leave to attend to the illness of a child, parent, spouse, or domestic partner. This law also prohibits employers from denying employees the right to use their sick leave or taking any adverse action against them for using their sick leave.
What are the benefits of California Labor Code Section 234?
California Labor Code Section 234 provides several benefits for employees who take sick leave under Labor Code Section 233. These include:
- The right to use your sick leave for yourself or your family members without fear of losing your job or facing other negative consequences from your employer.
- The right to challenge any absence control policy that counts your sick leave as an absence that may lead to discipline or termination.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you for taking sick leave.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 234?
California Labor Code Section 234 does not cover every situation where an employee may take sick leave under Labor Code Section 233. Some of the limitations of this law are:
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not require employers to provide sick leave for their employees or to pay them for the time they spend on sick leave.
- It does not protect employees who abuse their sick leave rights by taking excessive or unnecessary time off.
How can we help you if your employer violates California Labor Code Section 234?
If you believe that your employer has violated your rights under California Labor Code Section 234 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for taking sick leave under Labor Code Section 233, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
