My wife is going to have a surgery to remove some lumps in her breasts close to her arm that gives her pain when her arm rubs against it.

Her current employer has given her a piece of paper to sign which is a "leave of absense." (which she hasn't signed yet) Her employer has stated that she cannot use her sick time for her surgery. Is this legal?

Now granted, this is an outpatient surgery and she will more than likely be going back to work the next day, but its the principle of the situation.

If she legally can't use her sick time, can she use her vacation time in order to eliminate the possibility of a financial hardship.

I'm confused. It's sick time, right? What reason are they giving her for denying the paid day off.

It is illegal
She CAN use sick leave if 1) she has it accrued, 2)earns twice the ammount she needs in a year. Normal restrictions apply.
See 233 (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

I am getting my wisdom teeth pulled next week. I have over 30 hours of sick time that I have not used and intended to take three days off for the procedure and recovery. My employer just told me that I can't use sick days for a dental procedure and will need to use my vacation and holiday pay for that. Isn't removal of wisdom teeth considered oral surgery?

By the way, I checked my employee handbook and is does not specify that I'm not allowed to use my sick time for dental issues.

I would think so. therefore, similar answer. :)