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SB 1471 and disciplinary action for using sick time California

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  • SB 1471 and disciplinary action for using sick time California

    I was wondering if SB 1471 (2002) protects me if I use my sick time. My employer has seen fit to write up some people using their sick time, and some people they haven't written up. I even had doctor's notes both times.
    To me, it seems rather unfair to offer the sick time then punish you for using it.

  • #2
    I do not have a hard answer, but a quick look at the law indicates perhaps a different intent then what you are inferring. I looked at several sources on Google and none of them talk about the employee using sick leave because the employee is sick as a protected activity.

    Senate Bill 1471 prohibits employers from using absence control policies which discipline employees for using sick leave to attend to the illness of a child, parent, spouse or domestic partner if the sick leave falls within the protection of Labor Code Section 233. Labor Code Section 233 permits employees to use up to one-half of their accrued sick leave to attend to the illness of a child, parent, spouse or domestic partner. (The new law is effective on January 1, 2003.)
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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