Q: My employer refuses to pay me my sick time used during my two week notice period. Is it legal?

A: No, it’s not legal. You can file a complaint with the Labor Commissioner for your unpaid wages. dir.ca.gov/dlse/howtofilewageclaim.htm

If your employer retaliates against you, you might have a claim for wrongful termination.

A: Dear concerned employee,

I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you seek consultation with an employment law attorney that could answer your questions.

Sincerely,

Dennis Dascanio

A: California's sick leave law protects your right to use accrued sick leave. Employers in California cannot deny your right to use sick time or retaliate against you for using it, and you may be able to file a lawsuit against your employer for violations of this law.

If you have accrued sick days available, your employer may not deny you the right to use those accrued paid sick days, including for partial days (like doctor's appointments), and they cannot discipline you for doing so.

Generally, an employer cannot deny an employee paid sick leave based solely on a lack of certification from a health care provider, though you mentioned you did provide a doctor's note. The law states that employees are entitled to take paid sick leave upon their oral or written request.

While the search results don't address notice periods specifically, the law makes no exception for employees serving notice periods. The key legal principle is that employees must be paid for sick leave no later than the payday for the next regular payroll period after the sick leave was taken.

Your employer refusing to pay your sick time during your notice period appears to be illegal under California law, particularly since you had available sick time and provided medical documentation.

To address this situation, you could:

1. File a wage claim with the California Labor Commissioner's Office

2. Contact the California Department of Industrial Relations

3. Consult with an employment attorney who specializes in California labor law

Since this involves your specific legal rights, getting professional legal advice would be the best next step.