Legal Question in Business Law in California

Last week, I was off one day due to a sickness. To my surprise, when I returned the following workday and put down my day off as a sick day, I was told that the company is no longer allowing its employees to use a sick day for being sick until the fourth consecutive day. Instead, I was told I have to use a vacation day.

Is this legal?


Asked on 12/18/12, 3:55 am

2 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

In California, employers can change the terms of employment for the at-will work force whenever and however they like, so long as they do not change it retroactively, and they do not change it in a fashion that is discriminatory or otherwise violates the law in some fashion.

California law does not require that employees be provided with sick leave. The change in sick leave policy that you describe may be unfair, but it is not against the law.

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Answered on 12/18/12, 4:02 am
Seth Wiener Law Offices of Seth W. Wiener

I agree with Mr. Perry's response, but also note that you should verify whether the policy is contrary to your employer's handbook.

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Answered on 12/18/12, 4:37 am


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