An employer fires an employee for using accrued paid sick leave to care for a sick child, as the law allows. This is:
Explanation
Labor Code §246.5(c) forbids denying the right to use accrued sick leave and forbids discharge, discipline or any other retaliation for using it or for filing a complaint about it, with a rebuttable presumption of retaliation if adverse action follows within 30 days. (d) is the at-will defense, which fails because at-will permits termination for any lawful reason and this reason is unlawful. (a) invents an age limit; §246.5(a) covers a child of any age, along with parent, spouse, registered domestic partner, grandparent, grandchild, sibling and a designated person. (c) offers notice as a cure, and notice cures nothing when the motive is the protected use.
Law Reference: Labor Code §§246.5(c), 233, 98.6This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
Practice all 1632 questions free — no signup required.
Own the complete CSLB Law & Business guide — PDF + EPUB, $24.99 →
Related questions on this topic
- The Employment Development Department (EDD) requires employers to post and provide notices about which programs?
- Under California's Healthy Workplaces, Healthy Families Act as amended by SB 616 (effective January 1, 2024), the minimum paid sick leave an employer must allow employees to use each year is:
- Under the accrual method for California paid sick leave, employees earn at least one hour of paid sick leave for every how many hours worked?
- As of January 1, 2021 (SB 1383), the California Family Rights Act (CFRA) applies to employers with how many employees?
- How much job-protected leave does the California Family Rights Act (CFRA) generally provide to an eligible employee in a 12-month period?
- The federal Family and Medical Leave Act (FMLA) applies to private employers with at least how many employees?
Last reviewed: · editorial process