EmploymentQuestion 1065 of 1632

An employer fires an employee for using accrued paid sick leave to care for a sick child, as the law allows. This is:

a.Permitted where the child is over age twelve
b.Unlawful retaliation for using sick leave
c.Lawful if the employer gives two weeks' notice
d.Lawful, because the employment is at will

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, 98.6

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