Paid Sick Leave California

[anniekins78]

State: California

Hello all! I just have what I hope is an easy and quick question for you all.

I started a new job about 3 weeks ago. I am diabetic and just started a new medication that is making me quite ill, but my doctor assures me that it'll pass, I just need to get through the worst of it.

My question is regarding CA paid Sick leave...I know that I'm not eligible to use the paid leave until I have been employed for 90 days. I'm classified as exempt. If I need to go home early because I'm feeling ill, how does that work for my pay? I realize that my job is likely not protected during this 90 day period, and I'm talking about a partial day, not a full day's absence.

Thank you in advance!

Annie

 

[Zigner]

State: California

Hello all! I just have what I hope is an easy and quick question for you all.

I started a new job about 3 weeks ago. I am diabetic and just started a new medication that is making me quite ill, but my doctor assures me that it'll pass, I just need to get through the worst of it.

My question is regarding CA paid Sick leave...I know that I'm not eligible to use the paid leave until I have been employed for 90 days. I'm classified as exempt. If I need to go home early because I'm feeling ill, how does that work for my pay? I realize that my job is likely not protected during this 90 day period, and I'm talking about a partial day, not a full day's absence.

Thank you in advance!

Annie

Have you spoken to your employer?

 

[anniekins78]

Yes, but they outsource their HR, and my supervisor didn't know the answer, and honestly got a little weird about my asking. I just couldn't find anything on the CA website, so I figured I'd pose the question to you fine folks.

 

[cbg]

If you are an exempt employee, your pay cannot be docked in partial day increments unless it is either the first or last week of employment, or if the unworked part of the day is attributable to FMLA. (You CAN be docked for full day absences IF your employer offers a reasonable number of sick days (reasonable is not defined by statute but is generally considered to be at least five) and you are either not yet eligible for any or have used all you are currently entitled to.t

FMLA does not kick in until you have been with the employer for twelve months. So FMLA is not a factor here.

This is Federal law and California law cannot make it go away.