Calling in sick should not place your employment at risk. In California, most employees have the right to take time off for their own health needs or to care for certain family members.
If your employer fires, disciplines or threatens you after you use paid sick leave protected under California’s Healthy Workplaces, Healthy Families Act, which generally provides at least 40 hours or five days of leave per year, the timing may raise concerns about unlawful retaliation.
When sick leave issues may become retaliation
You may want to look more closely at what happened if:
- You were fired soon after requesting or returning from time off.
- Your manager marked your approved absence as unexcused.
- Your hours were cut after you stayed home to care for a sick child.
- Your workplace threatened discipline because you used accrued hours.
- Your workplace suddenly changed its explanation for your termination.
These signs do not automatically prove wrongful termination. However, they may help show whether the company retaliated against you for exercising a protected workplace right.
The “at-will” rule and its limits
California is an at-will employment state, which means your employer can usually end your employment without giving a reason. But that rule has limits. The company cannot lawfully fire you for using, requesting or attempting to use protected paid sick leave.
California law may also help in close-timing cases. If your employer fires, demotes, suspends or otherwise acts against you within 30 days after you report a sick leave violation, cooperate with an investigation or oppose an unlawful sick leave policy, the law may presume retaliation.
What you can do after losing your job
If you believe your use of paid sick leave influenced your firing, begin gathering records that may help clarify the timeline. Save your sick leave balance, time-off requests, text messages, emails, attendance notices and termination paperwork. Write down when you requested leave, when you used it and when your employer took action against you.
You may also review your employee handbook or time-off policy to see whether the company followed its own rules. If the timeline feels suspicious, speaking with an employment attorney can help you understand whether retaliation may have played a role.