Sick Leave Retaliation
California Sick Leave Retaliation Lawyer
California law gives employees the right to earn and use paid sick leave — and it prohibits employers from punishing employees for exercising that right.
Many employees do not realize this protection exists. They call in sick, use an accrued sick day to care for a child or family member, or leave early for a medical appointment — and then something changes. Their hours get cut. They are assigned worse shifts. They receive a write-up for something that was never an issue before. Or they are terminated. The employer offers an explanation. But the timing and the records tell a different story.
California Labor Code Section 246.5
Under California Labor Code Section 246.5, an employer cannot discharge, threaten, demote, suspend, reduce hours, or otherwise retaliate against an employee for using — or attempting to use — accrued paid sick leave. This protection applies whether the employee used sick leave for their own illness, a medical appointment, or to care for a qualifying family member.
Employers are often unaware of this specific protection, and violations are common. An employee who calls in sick and then finds their schedule cut the following week, receives a sudden negative performance review, or is let go shortly afterward may have a claim under Section 246.5 even if they would not otherwise think of themselves as a retaliation victim.
Who Qualifies for Paid Sick Leave in California
California’s Healthy Workplaces Healthy Families Act entitles most employees who work at least 30 days in California within a year to accrue paid sick leave. Employees may use accrued sick leave for:
- Their own illness, injury, or medical condition
- Preventive care for themselves
- Care for a qualifying family member (child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling)
- Certain absences related to domestic violence, sexual assault, or stalking
What Retaliation Looks Like
Retaliation for taking sick leave does not always look like a termination. It can be subtle and gradual — and it often is. Common patterns include:
- Hours reduced after returning from a sick day
- Shift assignments changed to less desirable times
- Sudden negative performance reviews following protected leave
- Exclusion from overtime or favorable assignments
- Increased scrutiny or discipline for minor issues
- Termination shortly after use of sick leave
The connection between the protected activity and the adverse action is the core of the claim. ShortLegal evaluates the timeline, the records, the employer’s stated explanation, and whether the pattern of conduct reflects retaliation for the exercise of a protected right.
Recent Expansions of California Sick Leave Protections
California has significantly expanded sick leave protections in recent years. Employees should be aware that current law provides broader accrual rights and stronger protections than were available even a few years ago. If you have questions about your current rights under California law, contact ShortLegal to discuss your specific situation.
Sick Leave Retaliation and Wage-and-Hour Claims
Sick leave retaliation cases frequently overlap with wage-and-hour claims. When an employer cuts hours or changes shifts in response to an employee using sick leave, the resulting loss of hours may also involve unpaid wages, overtime issues, or other Labor Code violations. ShortLegal evaluates all of the claims supported by the facts.
Frequently Asked Questions
No. California Labor Code Section 246.5 prohibits employers from retaliating against employees for using accrued paid sick leave. Retaliation includes termination, demotion, suspension, or any other adverse action.
Any adverse employment action taken because you used or attempted to use sick leave. Termination shortly after taking sick leave, sudden negative performance reviews, or schedule reductions following sick leave use can all be evidence of retaliation.
In addition to reinstatement and lost wages, Labor Code 246.5 provides for a minimum penalty of $250 for a first violation and $1,000 for subsequent violations, plus any actual damages suffered.
An employer cannot designate the use of accrued sick leave as an unexcused absence. If your employer is treating your protected sick leave use as a disciplinary matter, that itself may be a violation.
California employment claims have strict filing deadlines — as short as six months for claims involving government employers. Once the deadline passes, even a strong claim cannot be recovered. If you believe your rights were violated, the time to act is now.
Retaliation can take many forms.
View Retaliation Claims