Paid sick leave is a benefit that allows you to take time off from work when you or a family member are sick, injured, or need preventive care. You may need to use your paid sick leave for various reasons, such as recovering from COVID-19, getting a flu shot, or caring for a child with a fever. However, you may be worried about how your employer will react to your absence. Will you be denied, penalized, or even fired for using your paid sick leave? What if your employer tries to prevent you from using your paid sick leave by imposing unreasonable conditions or policies? 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 246.5 and how we can help you if your employer violates them.
What is California Labor Code Section 246.5?
California Labor Code Section 246.5 is a California law that prohibits employers from doing any of the following:
- Denying an employee the right to use accrued sick days in accordance with California Labor Code Section 246.
- Discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee who uses accrued sick days; attempts to exercise the right to use accrued sick days; files a complaint or alleges a violation of California Labor Code Section 246; cooperates in an investigation or prosecution of an alleged violation of California Labor Code Section 246; or opposes any policy or practice that is prohibited by California Labor Code Section 246.
- Requiring as a condition of using sick days that the employee search for or find a replacement worker to cover the days during which the employee uses sick days.
California Labor Code Section 246 is another California law that requires employers who have 24 or fewer employees to provide at least 24 hours or three days of paid sick leave per year and employers who have more than 24 employees to provide at least 40 hours or five days of paid sick leave per year. This law also allows employees to use their paid sick leave for themselves or their family members for the diagnosis, care, or treatment of an existing health condition or preventive care, or for specified purposes if they are victims of domestic violence, sexual assault, or stalking.
What are the benefits of California Labor Code Section 246.5?
California Labor Code Section 246.5 provides several benefits for employees who exercise their paid sick leave rights under California Labor Code Section 246. These include:
- The right to use your paid 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 denial, discrimination, or retaliation by your employer for using your paid sick leave.
- 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 using your paid 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.
- The right to receive additional amounts as remedies under California Labor Code Section 248.5(b)(2) and (b)(3) if your employer violates this law by withholding paid sick days in violation of California Labor Code Section 246. These amounts include:
- An amount equal to three times the value of the paid sick days withheld from the employee or $250, whichever amount is greater, not to exceed an aggregate penalty of $4,000.
- If a violation of this law results in harm to the employee or his or her family member’s health, an amount equal to five times the value of the paid sick days withheld from the employee or $250, whichever amount is greater, not to exceed an aggregate penalty of $4,000.
- An amount equal to three times the value of the paid sick days withheld from the employee or $250, whichever amount is greater, not to exceed an aggregate penalty of $4,000.
- If a violation of this law results in harm to the employee or his or her family member’s health, an amount equal to five times the value of the paid sick days withheld from the employee or $250, whichever amount is greater, not to exceed an aggregate penalty of $4,000.
What are the limitations of California Labor Code Section 246.5?
California Labor Code Section 246.5 does not cover every situation where an employee may use their paid sick leave under California Labor Code Section 246. 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 more than the minimum amount of paid sick leave required by California Labor Code Section 246.
- It does not protect employees who abuse their paid sick leave rights by taking excessive or unnecessary time off.
How can we help you if your employer violates California Labor Code Section 246.5?
If you believe that your employer has violated your rights under California Labor Code Section 246.5 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for using your paid sick leave under California Labor Code Section 246, 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.
