Ontario, CA asked in Employment Law for California

Q: Can my employer require sick time use to attend non-mandatory, professional organization training? No certificate req.

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2 Lawyer Answers
James L. Arrasmith
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A: Your employer generally cannot require you to use your sick time to attend a non-mandatory training, especially if it’s not a condition of your job or required by your employer. Sick leave in California is intended for specific purposes like recovering from illness, attending medical appointments, or caring for a family member.

If the training is optional and not directly tied to your job duties, requiring you to use sick time may be improper. Professional development activities that are not required should not come at the expense of your earned sick leave.

It’s a good idea to clarify with your employer if they intend to classify this training as part of your required job duties or if it remains voluntary. If they persist, you may want to explore your rights under California’s sick leave laws.

A: The answer to your question depends on whether the sick pay was the required sick pay under the Healthy Workplace Families Act (California sick pay statute) or under a separate employee benefit. Some companies offer more than what the state requires, and as to that sick leave, the company can set the parameters of that benefit. However, if the sick leave is part of the mandatory sick pay law, the employer cannot force an employee to use that time for non sick purposes. Good luck to you.

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