Chino, CA asked in Employment Law for California

Q: In California, are employers allowed to warn employees of accrued Sick Time use under the assumption of improper use?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your question is a bit too cryptic to be able to give you a solid answer. Generally, there is nothing unlawful about an employer warning employees that they should not falsely seek benefits. However, when an employer takes action that can be interpreted as creating a disincentive to properly use benefits like paid sick leave, the employer can be exposed to a claim of violation of the law. If you are an employee and your employer is telling you to not use sick time for things that do not qualify for sick leave, there is nothing wrong with that. If you are an employer trying to keep employees from taking sick leave when they have a legitimate right to that leave, you are going to get yourself into big trouble.

Good luck to you.

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