Is it legal for your employer to give a performace notice if you call out sick but have paid sick time?

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Is it legal for your employer to give a performace notice if you call out sick but have paid sick time?

I’m a full -ime employee. My jobs provides sick, personal, and vacation. I’ve been a full time employee at this particular job for 5 years. My job has started giving people performance notices for calling out sick. Any time your scheduled to work and for whatever reason can no longer fill your obligation. They say it doesn’t matter if we have sick. We get paid sick, but can still be written up for putting the store in a bind. It’s a very frustrating situation for myself. I’ve been diagnosed with a disease that may have me out of work for a day or so a month.

Asked on March 21, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, your employer can most likely do this. The law does not require sick leave or sick days, except and only as the criteria for unpaid leave under the Family and Medical Leave Act (or similar state law) are met; however, the vast majority of illness or doctor's appointments would not qualify, even for covered employees and employers, and not all employees and employers are covered to begin with. (For example, your employer would need to have at least 50 employees.)

Therefore, since there is no general legal requirement to provide sick days or sick leave at all, if an employer chooses to do so, it may also decide on its own policies in regards to them. This means that an employer could choose to let you have a sick day, but still give you a performance notice for "putting the store in a bind."


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