Rights

• Employers and employeesimpiegato image by haruspex from Fotolia.com
  
  An employee has no legal right to call in sick to work. An employer may terminate the employee for calling in sick. There is no California law stating how much sick leave an employee may use or what method is allowed for calling in sick to work. For example, if an employer requires that the employee give 72 hours notice of sick time use, and the employee calls in sick 12 hours prior to their shift, they may be terminated.
  
  

At Will Employment

• Sick employeesick woman image by forca from Fotolia.com
  
  Under California law, employees are presumed to be "at will" employees unless under employment contract. An "at will" employee may be terminated for any reason as long as the reason is not illegal. Discrimination based upon age, gender, sexual orientation or race constitute illegal reasons for termination.
  
  As an "at will" employee, the employer may terminate employment at any time. This includes termination based upon excessive use of sick time, and the method or timing of calling in sick. This also can include not providing the employer enough notice prior to the use of sick leave. Such termination does not constitute wrongful termination under California law.
  
  

Sick Leave Policy

• Sick leave policyLegal Law Justice image by Stacey Alexander from Fotolia.com
  
  Employers are not required to have a sick leave policy, nor an Employee Handbook. However, many employers do have an Employee Handbook which details working conditions, hours of operation, approved attire, vacation policy, and sick leave policy. It is up to the discretion of the employer whether to offer sick leave, and what the requirements of sick leave use may be. Employees should rely solely on the Employee Handbook for guidance on what policies and procedures are used at individual workplaces. California courts will not overturn an employee's termination if the procedure for sick time use is clearly defined in an Employee Handbook.
  
  

Family and Medical Leave Act

• Medical leavethermometer and pills image by KtD from Fotolia.com
  
  Although California law does not address sick leave policy, the Family and Medical Leave Act provides federal protection for serious illness of the employee or immediate family of the employee. It is illegal for an employee in California to be terminated for taking leave under the Family and Medical Leave Act, which states that an employee may take up to 12 weeks unpaid medical leave with continuing medical benefits and the position will remain open for the employee to return, as long as:
  a) The employee must have an employment history with the employer for one year; and
  b) The employee must have worked at least 1250 hours in the past 12 months with the employer; and
  c) The employer must be a federal, state, or local agency or a private employer with at least 50 employees for 20 weeks in the calendar year and engaged in interstate commerce.
  
  

Using Sick Leave

• Use of sick leaveyou"re fired image by dead_account from Fotolia.com
  
  If an employer does have a sick leave policy, the employee may use the leave according to the policy. There is no appeal right to determine the fairness of the sick leave policy, because California law simply stays out of the employer's workplace. Whether fair or not, the employer's policies will hold up in court and a termination on the basis of sick leave use will stand. Further, an employer may determine sick leave use to be excessive or not warranted depending upon the illness claimed. If an employee does not have a verifiable illness, or exhibits too many instances of sick leave use, an employee may be terminated.