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Sick Time for Surgery- What are the laws? California

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  • Sick Time for Surgery- What are the laws? California

    I just had surgery last Tuesday and I took Tuesday, Wednesday and Thursday off work as sick time (I had Friday off) I was planning to return to work on Monday (since my procedure was supposed to have a quick recovery time); however, there were some complications with my surgery and it was much more invasive than they had expected. My doctor informed me that I can't return to work for two weeks, but that I can work from home (we have remote access).

    I started working from home today and my employer told me that I can do as much work as I can from home, but any hours not work have to be taken as sick time. While I can do work from home, I don't think I have enough for 9 hours a day for 5 days a week (since I can't return until next week). I'm wondering if this is right. I am an exempt employee and It's not my choice to stay home. I don't have enough sick time accrued, so I will be negative in my sick time (which sucks for the future if I do need to use sick time). Do I really need to use sick time if I don't work all 9 hours from home? What about taking short term disability? Would this be another option- even though I can physically work from home?

    Sorry for the long message and I really appreciate any help you can provide on this. If you do not know the answer, do you know who I could contact? I tried to look at the labor laws and wasn't really able to find this scenario!

  • #2
    How many employees? Do you know if FMLA is applicable?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Here's the DOL poster on FMLA: (eligibility requirements etc.)

      http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Either way, they can charge you sick leave for the balance of the 9 hours that you do not work. The only question is can they dock your pay and that depends on FMLA/CFRA. It may not be your fault that you are not able to work but it isn't your employer's fault either. They are not required to let you work from home, so I would be grateful that you are able to do so.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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