Do you know or suspect that your employer isn’t providing the paid sick leave you are due? If so, you might have questions about your rights, such as, “How many sick days are required in California?” “Do part-time workers get sick pay?” “What are my legal options if my employer denies me sick leave?”
You’re not alone in wondering what the law says and what you can do to protect your rights. Many workers face confusing or unfair sick leave policies, but you should know that California law protects your right to take time off when you’re sick or need care.
A lawyer from Moon Law Group, PC, can review your situation, explain your options, and take action if your employer violated the law. As one of the largest plaintiff’s employment law firms in California, we know how to build strong cases and fight for workers like you. Contact us today for an initial consultation to learn how we can help. Your initial consultation with a Los Angeles paid sick leave lawyer is free and confidential, and you pay nothing unless we successfully resolve your matter.
How Can a Los Angeles Paid Sick Leave Lawyer Help with My Case?
If your employer wrongfully denied you paid sick leave, a Los Angeles paid sick leave attorney can help you push back. At Moon Law Group, we understand California sick time law, and we know how to hold employers accountable. Whether your case involves a single violation or widespread unlawful practices, we’ll take it seriously and help you assert your rights.
Since 2007, our firm has focused exclusively on employment law, representing only employees. We’ve handled many challenging, high-stakes cases for workers across Los Angeles and California. Our team includes more than 40 dedicated lawyers with a proven track record of achieving results. We’ve helped tens of thousands of workers recover millions of dollars.
Our law firm knows how to build both individual claims and large group cases. We’ve led numerous class action and collective action lawsuits on behalf of workers who face similar unfair treatment. Our team has the experience, persistence, and resources to take on even the largest employers. Judges, defense attorneys, and other law firms throughout the state recognize our litigators as strong advocates who don’t give up.
If you want straightforward advice and determined legal support, we’re here to help. Contact us today for a free, no-obligation consultation and discover how we can make a difference.
For a free legal consultation with a paid sick leave lawyer serving Los Angeles, call 213-320-0519
What Is Covered Under California’s Paid Sick Leave Law?
California employment law requires most employers to provide workers with paid sick leave. Under state law, eligible employees are entitled to earn at least one hour of paid sick leave for every 30 hours worked. Workers can start using their paid sick days after 90 days of employment have passed. The law allows workers to use sick leave to care for themselves or a family member. It also covers preventive care, medical diagnosis, treatment, and care for victims of domestic violence and other crimes.
Los Angeles provides workers with even more protections than state law. Under the Los Angeles Minimum Wage Ordinance, employers with 26 or more workers must provide up to 48 hours of paid sick leave each year. Employers must allow those hours to carry over to the next year and may cap the total at 72 hours. Workers can earn these mandatory sick days through hourly accrual or get the full amount at the start of the year. Employees can use their leave for their own needs or for a broad list of family members, even those who are unrelated but have close relationships with them.
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Why Do Some Employers Deny Their Employees Paid Sick Time Off?
Not all employers comply with the law regarding paid sick leave. The following are common reasons and ways employers might deny workers the time off they’ve earned:
- They misunderstand state or local sick leave laws.
- They believe the laws do not apply to them.
- They misclassify workers as independent contractors to avoid offering benefits.
- They claim workers must find someone to cover their shifts before taking leave.
- They fail to track hours properly and insist a worker hasn’t earned leave.
- They limit sick time to cut costs, even if it violates the law.
- They only offer unpaid time off instead of the paid sick leave workers have earned.
- They assume part-time or temporary workers don’t qualify.
- They dismiss or delay requests from workers they believe have taken “too much” time off.
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Which Employees Are Not Eligible for Paid Sick Leave?
Most workers in California are eligible for paid sick leave, but a small number are not. State law says that public employees with a union agreement that already covers paid sick leave are exempt from the law. Workers who work fewer than 30 days in a year for the same employer also don’t qualify. The law also excludes certain airline employees with their own sick leave systems and retired government employees who return to work.
The rules are similar in Los Angeles. The Los Angeles Minimum Wage Ordinance does not apply to independent contractors, government employees, or certain exempt workers who don’t qualify for the state minimum wage. However, if your employer misclassified you or didn’t count all the hours you worked in the city, you might still qualify for protections.
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If I Only Work Part-Time, Am I Still Eligible for Paid Sick Leave?
Yes. Part-time workers qualify for paid sick leave in both California and Los Angeles. As long as you work for the same employer for at least 30 days in a year, you earn sick leave under state law, even if you work only a few hours per week. You earn one hour of paid sick leave for every 30 hours worked.
In Los Angeles, you qualify under local sick leave laws if you work at least two hours in the city in a week and meet the 30-day rule with the same employer. It doesn’t matter if you live in the city or not. It also doesn’t matter if you work irregular or on-call shifts. As long as you meet the time requirements and work for a covered employer, the law protects your right to earn and use paid sick time.
Can I Sue My Employer for Firing Me for Using My Sick Leave?
Yes. California law protects you from being fired, demoted, or punished for taking advantage of your employer’s sick leave policy. Employers cannot fire you for using the time you’ve earned. If they do, you can take legal action by filing a complaint with the California Labor Commissioner or filing a lawsuit against your employer.
In Los Angeles, local ordinances also ban retaliation for using paid sick leave. You can file a claim through the Office of Wage Standards if your employer punishes you for taking sick time. If you win, you may be able to recover compensation for lost wages and potentially regain your job.
These cases can involve strict deadlines and specific rules. A Los Angeles paid sick leave lawyer from Moon Law Group can explain the legal process, gather evidence on your behalf, and handle every aspect of your case.
Can Employers Limit How Many Sick Leave Hours Their Employees Use Each Year?
Yes, California law allows employers to set a cap on the amount of paid sick leave a worker can use each year, but that cap must be at least 40 hours or five days, whichever is greater. This standard applies regardless of whether the employer uses an accrual method or frontloads the leave.
If employers use accrual methods, their workers must have at least 24 hours of accrued sick leave by their 120th calendar day, and at least 40 hours by their 200th day. Employers can still cap accrual at 80 hours or ten days, but can’t stop workers from using at least 40 hours or five days of sick leave per year.
Los Angeles requires even more. City ordinance requires up to 48 hours of paid sick leave per year, and employers must allow carryover of unused hours, with a cap of at least 72 hours. Employers can choose to offer more, but they cannot offer less than these minimums.
What Damages Could I Recover for Paid Sick Leave Denial or Termination for Using Sick Leave?
If your employer denied your sick leave or fired you for using it, you could be entitled to damages (money) for your loss. You can ask for the following:
- Back pay (the wages you lost due to your employer breaking the law)
- Interest on your unpaid wages to make up for the time you waited to get paid
- Penalties (fines your employer must pay for breaking the law)
- Additional compensation, such as payment for emotional stress
- Job reinstatement
How Long Do I Have to File a Lawsuit for Paid Sick Leave Denial or Termination?
California law gives you three years to file a lawsuit if your employer denied your paid sick leave or retaliated against you for using it. That filing window starts on the date the violation happened. You must act before the deadline; otherwise, you may lose your right to file.
In Los Angeles, you can also file a complaint with the Office of Wage Standards, but that process has its own rules and deadlines. A lawyer from Moon Law Group can help you identify all legal deadlines that apply to your situation, gather records to support your claim, and take swift action to protect your rights.
Contact a Los Angeles Paid Sick Leave Attorney Today
If you think your employer broke the law, don’t wait to get answers. Moon Law Group has helped thousands of workers like you understand their rights and take legal action when necessary. Contact us today to arrange your initial consultation and discuss your case with a paid sick leave lawyer in Los Angeles. You pay nothing for us to get started on your case, and there are no fees unless we successfully resolve your matter.
Call or text 213-320-0519 or complete a Free Case Evaluation form
