Am I eligible for sick pay if I worked 40 hours in the same week in California?

I’m scheduled for 32 hours a week but
regularly work 40. I took a sick day
but it did not count towards my pay or
my accumulated sick days. When I asked
why it wasn’t reflected on my pay check
I was told that if I worked 40 plus
hours the week of that it would just be
a day off and not a sick day. This
doesn’t seem right to me and I’m
curious if this is standard practice.

Asked on May 22, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you legally must be paid for your sick day if you had an actual paid sick day (not just the right to call out of work on an unpaid basis) and used it. Sick pay when you use your own earned or accrued sick day is legally required (the sick day is compensation you earned; they can't deprive you of earned compensation), and you could contact the state department of labor if you can't work it out with your employer to file a wage complaint.
The sick time is always at base rate and does not count for overtime, if you are otherwise overtime eligible.

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