Do I have a lawsuit if my employer does not allow me to collect advanced disability pay under California Labor Code 4850.3?
My employer will not allow me and several others to use our sick time. We have spoke to anyone and everyone available.
1 attorney answer
IF an employee does NOT have any ACCRUED or available paid sick leave, (e.g., if the employee has already used all of his or her accrued and available paid sick leave under the employer’s policy,) and if the employee has an unscheduled absence that would otherwise violate the employer’s attendance policy, the paid sick leave law does not prohibit an employer from disallowing sick leave even if the employee could have used paid sick leave if he or she had any such leave accrued. The paid sick leave law does not “protect” all time off taken by an employee for illness or related purposes; it “protects” only an employee’s accrued and available paid sick leave as specified in the statute. If this is not your situation, I would visit with an attorney and review your circumstance's details more closely.
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