If you meet eligibility requirements, your employer must provide paid sick leave.
As the coronavirus pandemic continues throughout the United States, employment law issues continue to arise for individuals throughout California. In addition to unemployment compensation, there are many questions that people who have been affected by COVID-19 may have regarding their rights. This includes the question of whether you can take paid sick leave if you have tested positive for COVID-19, or if you are required to self-quarantine due to exposure to the virus.
Under California law, sick leave is mandatory. The Health Workplaces, Healthy Families Act of 2014 requires employers to provide a minimum of 3 days of paid sick leaves to most employees. As an experienced employment law attorney in California can explain, employees who work for 30 or more days per year after beginning a job qualify for sick leave. Temporary, part-time and full-time employees are all eligible for paid sick leave.
Generally, sick leaves accrues based on the number of hours that you work. Employers can choose different ways for employees to accrue sick leave, but they must provide a minimum of 24 hours (3 full work days) of sick leave per calendar year. Some cities have ordinances that require employers to provide additional paid sick leave.
This leave can be used for a number of reasons, including when you are ill, if you need to take care of family members, or even if you need preventative care. Paid sick leave can also be used if you need to seek services as a victim of domestic violence, sexual assault, or stalking.
If you don’t have enough paid sick leave to cover your illness, then there are other options for receiving income when you cannot work. For example, if you have accrued 6 days of paid sick leave, that won’t be enough to cover a 14 day quarantine for coronavirus. In this situation, you may qualify for California State Disability Insurance if you cannot work due to COVID-19 or if you have to be quarantined due to an exposure. In addition, if you cannot work because you are caring for a sick or quarantined family member, you can qualify for paid family leave through the state.
According to a seasoned employment law attorney in California, employers cannot deny an employee the right to use their paid sick leave, or otherwise retaliate or discriminate against employees who take paid sick leave. For example, if your employer fires or demotes you after you take paid sick leave, then they have violated the law. You may be able to file a lawsuit against them for this violation, and be entitled to both compensation for your losses as well as equitable relief. This means that in addition to getting money for your losses, like lost wages, a court may order your employer to reinstate you.
In this constantly changing situation, the laws regarding paid sick leave may be further expanded. If you have a question about your rights under California’s labor laws, contact an employment law attorney in California.
With more than 50 years of experience, the legal professionals of PLBH are well-equipped to guide you through a labor or employment law case. To learn more or to schedule a consultation, contact us today at (800) 435-7542 or info@plblaw.com.