In California, under the Healthy Workplaces, Healthy Families Act of 2014 (California Labor Code sections 245-249), employees are entitled to accrue and use paid sick leave. However, questions often arise regarding whether employees have the option to decline using company-provided sick pay and instead take unpaid leave, as well as whether employers can mandate the use of paid sick time.
By Brad Nakase, Attorney
Email | Call (888) 600-8654
Have a quick question? I answered nearly 1500 FAQs.
Employees are generally entitled to decide whether or not to use their accrued sick leave when taking time off due to illness. For example, an employee who is saving their sick leave for a future medical procedure may prefer to take a day off without pay if they are only mildly ill. Similarly, an employee might opt to forgo paid sick leave in order to preserve their balance for childcare emergencies or other significant personal needs. However, there are circumstances where employees may not have a choice. For instance, if an employer’s policy explicitly requires employees to use accrued sick leave for any absence related to illness or medical needs, the employee may be mandated to use their sick leave. Such policies are generally lawful, provided they comply with California’s sick leave laws and do not result in retaliation or discrimination. The California Labor Code does not explicitly require employees to use their paid sick leave if they prefer to take the time off without pay, but employer policies can dictate otherwise. Employees have the right to use sick leave without interference, but the law does not explicitly grant the right to decline it in favor of unpaid time off in all situations.
Employers may establish policies requiring employees to use available paid sick leave when taking time off for illness. For example, if an employee calls out sick due to a minor cold and prefers not to use their accrued sick leave, an employer may enforce a policy mandating the use of that sick leave to ensure compliance with company leave protocols. Similarly, if an employee has a large bank of paid sick leave and requests unpaid time off instead, some employers may require the use of accrued paid sick time first. Such policies are typically lawful as long as they align with California’s sick leave laws and do not result in retaliation or discrimination against employees.
Ultimately, the specific circumstances and the employer’s policies will determine whether an employee can choose unpaid leave over using paid sick time and whether the employer can mandate the use of paid sick leave. Employees are encouraged to understand their rights under California law and their employer’s specific policies to navigate these situations effectively. If disputes or uncertainties arise, employees may seek guidance from the California Division of Labor Standards Enforcement (DLSE) or consult legal counsel.
Have a quick question? We answered nearly 2000 FAQs.
See all blogs: Business | Corporate | Employment Law
Most recent blogs:
Contact our attorney.