Legal Question in Employment Law in California

calling in sick

Does an employee have the right to call in sick or is this only a privledge some employers provide? Should the employee have to make arrangments for the shict to be covered? where in the California Labor Code does it speciefy?


Asked on 6/01/03, 8:50 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: calling in sick

Thank you for your inquiry.

There is no legal requirement under California law for employers to provide paid sick leave. You should refer to your employer's policy with respect to paid sick leave. However, most employers participate in the State Disability Insurance Plan (SDI), which they pay for through payroll deductions. (Unemployment Insurance Code �2601, et seq.) Employers are required to give newly hired employees and employees leaving work due to pregnancy or non-occupational sickness or injury a copy of a notice of their disability insurance rights and benefits due to sickness, injury or pregnancy. (Unemployment Insurance Code �2613)

If an employer has a sick leave policy, the employer must permit an employee to use in any calendar year, the employee's accrued and available sick leave, in an amount not less than the sick leave that would be accrued during 6 months at the current employee�s current rate of sick leave, to attend to an illness of a child, parents, or spouse of the employee. (Labor Code �233)

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 6/05/03, 1:30 pm


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