What are my rights regarding termination of employment regarding call out for being sick?

UPDATED: Sep 30, 2022

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What are my rights regarding termination of employment regarding call out for being sick?

I was with a company over 10 years. I was dealing with an illness not diagnosed at the time. I had an episode that kept me from attending work. I called in sick as well

as the next day; I had 4 days of sick leave on books. On the third day I was

informed that I was being laid off. Up to this time all medical appointments were scheduled after work hours and cleared with supervisors.

Asked on February 21, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you had and used sick leave you had earned, as your question implies, you should not have been terminated: to terminate you for using a benefit (sick leave) you earned would be to deny you that benefit, and hence to effectively take away compensation you had earned. If you properly used your sick leave and were terminated anyway, you may be able to file a complaint with the state department of labor for improper termination, or possibly file a lawsuit for compensation.
If you did not have or properly use sick leave, however, so that your absence amounted to an unauthorized absence, you may legally be terminated for it.

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