The California Department of Industrial Relations has updated its Frequently Asked Questions (FAQ) concerning implementation of the state’s paid sick leave (PSL) law.
The FAQ clarifies that employers may not generally deny the employee the right to use, or discipline an employee for using, any available PSL, regardless of the employer’s attendance policy.
However, an employer may discipline the employee for an unscheduled absence, even if the reason would otherwise qualify for PSL, if the employee does not have any available PSL or has exhausted all PSL. The PSL law only protects an employee’s accrued and available paid sick leave as provided by law.
Finally, the FAQ makes clear that an employer does not have to allow an employee to use PSL, and can discipline the employee, if the employee does not show up to work in violation of the employer’s attendance policy, assuming no other legally available leave or company policy or practice covers this absence.
For more information, contact Jason Resnick at (949) 885-2253.