CALIFORNIA'S SICK LEAVE LAW

California's sick leave law set forth in Labor Code section 233 provides that an employer must allow an employee to utilize up to half of his or her annual sick leave accrual to attend a sick child, parent or spouse. The law also prohibits an employer from retaliating against an employee for using his or her family sick leave.

The damages that are available to an employee who has been denied the benefits of the new law can be significant. An employee who has been denied benefits or retaliated against can file a claim with the Labor Commissioner or file a lawsuit. An employee who successfully pursues a valid claim is entitled to reinstatement and actual damages or one day's pay, which ever is greater. The court may also award reasonable attorneys fees if the employee prevails. The statute is silent as to whether an employer is also entitled to its attorneys fees. It is also possible for a discharged employee to file a wrongful discharge claim alleging breach of public policy for which they could seek significant compensatory and punitive damages.

Employers should review their sick leave policies immediately to ensure compliance with the law. As a result of the law, employers can incur increased cost of providing sick leave due to increased utilization. Therefore, employers with generous sick leave policies should implement modifications to offset this additional cost. For example, an employer may reduce the amount of annual sick leave. Employers may also wish to decide whether they will give family sick leave to employees outside of California.