Are You Getting The Sick Leave You’re Owed? Know Your Rights Under Labor Code 246

When it comes to sick leave, many California workers are not getting the benefits they are legally entitled to under Labor Code 246. This important section of the California Labor Code outlines the requirements for employers to provide paid sick leave to eligible employees.

Yet too often, workers (especially those in low-wage industries or immigrant communities) are denied their rights. Whether you’re part-time, full-time, or undocumented, you may be owed paid sick leave and not even realize it.

What Does Labor Code 246 Say?

Under Labor Code Section 246, California employers are required to provide at least one hour of paid sick leave for every 30 hours worked. Employees can begin using their accrued sick leave on their 90th day of employment. The law applies to almost all workers in California, including part-time and temporary employees, regardless of immigration status. Employers can cap sick leave usage at 24 hours (or three days) per year, but they must allow employees to accrue up to 48 hours.

Unfortunately, many employers either ignore these requirements or apply unlawful policies that discourage employees from taking the leave they’ve earned. If you’ve ever been punished for calling in sick, forced to work while ill, or denied paid time off due to illness, your employer may be violating California law.

Common Violations to Watch For

One of the most frequent violations we observe is when an employer fails to inform workers about their rights to sick leave. Employers must provide written notice of your available sick leave balance, often on your pay stub. Other common violations include denying sick leave requests, retaliating against workers who use sick days, or misclassifying employees to avoid compliance.

If you believe your employer has denied you sick leave or retaliated against you for taking time off, you may have legal grounds for action. These violations often overlap with wage and hour issues, where workers are shortchanged not just on sick leave, but also on unpaid wages.

What Can You Do If Your Rights Are Violated?

First, keep a record of the hours you’ve worked and the sick leave you’ve used or requested. Note any conversations with your employer regarding sick leave, especially if you were denied time off or punished afterward. These records can be vital if you decide to pursue legal action.

If you suspect your employer has violated your rights under Labor Code 246, you do not have to face it alone. Our team at Sirmabekian Law Firm is here to help. We are dedicated to protecting California employees and ensuring that both documented and undocumented workers receive the treatment they deserve. We offer free consultations, and you never pay unless we win your case.

To learn more about your rights, contact us today. If your employer isn’t following the law, we’re ready to fight for you.