Understanding Sick Leave Policies in California: Can Employer Deny Paid Sick Leave if the Employee Doesn’t Provide a Doctor’s Notes?

employment law attorney san jose

Exploring Employee Rights and Employer Responsibilities

By:  Leiann Laiks, Esq.

The question of whether California employers can mandate doctor’s notes for sick leave is a bit murky. While the law isn’t entirely settled on this issue, here’s what businesses need to know:

Employee Rights:

In California, employees have the right to use their accrued sick days without fear of retaliation. Employers must allow employees to use their paid sick time upon request for various reasons, including:

  •       Recover from physical/mental illness or injury
  •       To seek medical diagnosis, treatment, or preventative care
  •       To care for a family member or “designated person” who is ill or needs medical diagnosis, treatment, or preventative careAssistance after incidents of domestic violence, sexual assault, stalking or a victim of crime

Employer Practices:

An employee is entitled to take paid sick leave immediately upon the covered employee’s oral or written request.  The leave is not conditioned on medical certification. Generally, an employer may not deny an employee paid sick leave based solely on a lack of certification from a health care provider.

Businesses should prioritize compliance with state laws and consider the potential implications of their sick leave policies on employee rights and legal obligations.

This blog is written as of January 2025.  Recommendations and legal requirements are changing rapidly, so please continue to review our legal updates or review postings on relevant government websites

All blogs on this site are for educational purposes only, do not constitute legal advice or opinion, and should not be applied to your situation, or any specific situation, without consultation with counsel. Strategy Law, LLP does not provide any legal advice concerning any matter discussed in a blog except upon formal engagement including, without limitation, execution of Strategy Law, LLP’s formal legal services agreement, and with respect to specific factual situations.  No blog constitutes a guaranty, warranty, or prediction regarding the result of any legal matter discussed in the blog or any representation.

Leiann Laiks - employment lawyer

Leiann Laiks

Partner

Leiann Laiks leads Strategy Law’s employment law practice, focusing on compliance, HR policies, contract negotiation, and workplace investigations. She promotes proactive collaboration between employers and employees to foster business growth.

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