California’s Mandatory Paid Sick Leave: What reasons can employees give to take sick leave?
Written by Eli Hamblet - January 22, 2025
In California, the right to take sick leave is a critical protection afforded to employees. Employers must be aware not only of the requirements to provide paid sick leave but also of the legitimate reasons employees are allowed to take such leave. Understanding these reasons is essential for ensuring compliance with state laws, avoiding potential legal disputes, and fostering a healthy and supportive workplace environment.
One of the most common complaints we hear from employers is the desire to delve into the reasons behind an employee’s paid sick leave. Perhaps there are pictures on social media indicating they have taken a holiday or are not suffering from a visible illness. Employers can feel betrayed by their employees under these circumstances. However, it is critical to recognize that there are many legal reasons to take sick leave. A mental illness or stress related leave could well have a vacation as a reasonable treatment. Generally speaking, investigations into the reasons for taking sick leave are not in the best interest of the employer. Under Labor Code 246.5(2) “There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee.” Because of the unnecessary liability and cost that these types of investigations tend to cause our advice is if an employee asks to take Sick leave, you give them sick leave regardless of whether you believe they actually have a legitimate reason to take sick leave.
The reasons an employee can take paid sick leave in California include:
1. Personal Health Needs
The most fundamental reason for taking sick leave is to address the employee’s own health needs. Under California Labor Code Section 246, employees are entitled to use their accrued sick leave for preventive care, diagnosis, care, or treatment of an existing health condition. This broad definition covers a wide range of medical needs, from routine check-ups to treatment for serious illnesses.
- Case Law Example: Lonicki v. Sutter Health Central (2008) 43 Cal.4th 201
- Background: In Lonicki v. Sutter Health Central, the California Supreme Court considered the legitimacy of an employee’s claim to take leave for stress-related health issues under the California Family Rights Act (CFRA), which overlaps with the reasons for which sick leave can be taken.
- Ruling: The court upheld the employee’s right to take leave for legitimate health reasons, even when those reasons were related to mental health and stress. Stating, “Both the Family Rights Act (CFRA) and its federal counterpart, the Family and Medical Leave Act (FMLA), allow medical leave for a stress-related condition, as long as the condition is so serious as to prevent the employee from doing the assigned job.”
This case underscores the importance of recognizing mental health as a valid reason for sick leave, aligning with the broader protections offered under Labor Code Section 246. [Lonicki v. Sutter Health Cent., 43 Cal. 4th 201, 180 P.3d 321 (2008)].
2. Care for a Family Member
California law also allows employees to use their sick leave to care for a family member. This includes the diagnosis, care, or treatment of an existing health condition or preventive care for a spouse, domestic partner, child, parent, grandparent, grandchild, or sibling.
- Case Law Example: Escriba v. Foster Poultry Farms, Inc. (9th Cir. 2014) 743 F.3d 1236
- Background: In Escriba v. Foster Poultry Farms, Inc., the Ninth Circuit examined an employee’s right to take leave to care for a sick parent under the Family and Medical Leave Act (FMLA), which mirrors some of the provisions of California’s paid sick leave law.
- Ruling: The court ruled that employees have the right to take leave to care for family members without being penalized by their employer. This case illustrates the importance of honoring an employee’s right to care for family members, as recognized under both federal and state laws.
3. Victims of Domestic Violence, Sexual Assault, or Stalking
Employees in California are also entitled to use sick leave if they are victims of domestic violence, sexual assault, or stalking. This provision allows employees to seek medical attention, obtain services from a shelter or crisis center, receive psychological counseling, or participate in safety planning. These rules are codified in Cal. Lab. Code § 246.5(2) stating that an employee may take paid sick days, “For an employee who is a victim of domestic violence, sexual assault, or stalking.”
4. Preventive Care
Preventive care is another valid reason for taking sick leave in California. This can include routine health check-ups, vaccinations, screenings, and other preventive measures that help maintain an employee’s overall health and well-being. These rules are codified in Cal. Lab. Code § 246.5(2) stating that an employee may take paid sick days for: “Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member.”
5. Addressing Workplace Exposure to Illness
In situations where an employee has been exposed to a contagious illness in the workplace, they may need to take sick leave to prevent the spread of the illness to others. This reason for taking leave has gained particular relevance during the COVID-19 pandemic, where quarantine and isolation protocols have been necessary to protect public health. Covid-19 highlights the importance of allowing employees to take sick leave not only when they are symptomatic but also when they may have been exposed to prevent further transmission in the workplace.
California’s sick leave laws provide comprehensive protections for employees, allowing them to take time off for a variety of health-related reasons. As an employer, it is essential to understand these reasons and ensure that your policies comply with the law. By respecting the legitimate needs for sick leave, employers not only avoid legal penalties but also contribute to a healthier, more productive workforce.
Understanding the scope of permissible sick leave reasons under California law helps employers foster a supportive work environment while staying compliant with legal requirements. Given the potential legal implications of denying or mishandling sick leave requests, it is advisable for employers to consult with legal counsel and regularly review their sick leave policies to ensure they align with current laws and best practices.
Conclusion
Labor Code Section 246 has become a critical component of California’s labor protections, ensuring that employees have access to paid sick leave when needed. However, the law’s complexity, combined with varying interpretations by the courts, poses significant challenges for employers. By understanding the legal requirements, staying informed of recent case law, and implementing best practices, employers can navigate the intricacies of paid sick leave in California and reduce the risk of legal disputes.
Employers who take proactive steps to ensure compliance will not only avoid costly litigation but will also foster a healthier and more satisfied workforce.