San Francisco, CA asked in Employment Law for California

Q: Can an employer just take away your sick hours you have aquired? I went from 37 to 5 hours without using them.

Related Topics:
1 Lawyer Answer
Yitz Erik Weiss
Yitz Erik Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Los Angeles, CA
  • Licensed in California

A: A reduction in available sick days without them being used may be problematic.

Under The Healthy Workplaces Healthy Families Act, California employers are required to provide paid sick leave to certain employees. An employer can satisfy the requirements by providing the full three days of leave at the beginning of each year, or by using an accrual method whereby the employee earns one hour of paid sick time for every 30 hours worked. (Certain cities, such as Los Angeles, require additional sick days for employees working within the city limits.)

There are limitations to the paid sick leave requirements. For example, an employer may limit use of paid sick days to 24 hours or three days in each year of employment. Additionally, while an employee’s accrued paid sick days will carry over to the following year of employment, an employer may limit the accrual amount to 48 hours.

Unlike other paid time off, such as earned vacation, an employer does not need to pay for unused sick leave at the conclusion of your employment.

That being said, you should consider consulting with an employment attorney to discuss the facts of your case and your rights in more detail.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.