Paid Sick Leave Violations: Accrual, Caps, and Retaliation Under Labor Code 246

California guarantees paid sick leave statewide, and many cities require more. Denying accrual, demanding doctor’s notes for a single day, or writing up workers for using leave all create claims.

What California Law Says

Labor Code section 246 requires at least 40 hours or five days of paid sick leave per year, usable for the worker or family members, with anti-retaliation protection under section 246.5. Local ordinances in cities like Los Angeles and San Francisco set higher amounts.

How to Fight Back, Step by Step

1. Check your stubs — the available sick leave balance is a required disclosure every pay period.
2. Compare your accrual against the statutory minimums and any stronger local ordinance.
3. Document denials, discipline tied to sick leave use, or demands for excessive documentation.
4. Demand credit and back pay for wrongly denied leave.
5. File with the Labor Commissioner; retaliation adds reinstatement and penalty remedies.

Common Questions

Can my employer ask why I am sick?

They may not require disclosure of details or a doctor’s note as a condition for statutory sick days in most circumstances — policies demanding notes for a single day invite claims.

I was scheduled fewer hours after calling in sick. Coincidence?

Adverse scheduling after protected leave use is classic retaliation evidence. Save the before-and-after schedules.