Flu Sickness: What Are an Employee’s Entitlements to Work 

Photo of author

By LawGC

A Short Guide to Employment Law

Whenever the temperatures start to fall and the year wears into autumn and winter, indoor events and activities can easily lead to a rampant flu outbreak. Peak flu season generally hits between December and February of every year.

Health officials usually advise that workers with flu remain at home until they have been free of fever symptoms for 48 hours without medication so that others do not catch the virus. 

While taking care of your health is important, it is essential to know how these sorts of health incidents may affect your job.

How California Employees Should Report Sick Leave

Normally, you should notify your immediate supervisor or HR department if you are unable to work. 

The timing and method of reporting may depend on your employment contract or company policy, which may specify whether to use email, text, or a phone call.

“You may need to check out your employment contract for guidance regarding the timing and details of what health information you must provide. These pointers mean fewer hiccups if one has to go through sick leave procedures,” says Los Angeles employment lawyer Harry Nalbandyan of Levin & Nalbandyan, LLP.

Understanding Sick Pay in California

California employees are entitled to their accrued sick leave whenever they are too ill to attend to work. A doctor’s note is not required unless you’ve been absent for more than three consecutive days. This law enables employees to simply stay home and not bear the immediate burden of trying to get in to see a doctor for proof of illness.

State law guarantees at least one hour of paid sick leave for every 30 hours worked, promoting health and well-being in the workplace. You can use this benefit as it accrues throughout the year, provided that your employer offers a minimum of three days or 24 hours of sick leave annually, whichever is greater.

Managing Extended Illness Leave in California

California employees may need to consider other options when an illness extends beyond the typical sick leave coverage. For example, if your situation calls for longer absences due to serious health conditions for up to 12 weeks of unpaid leave, look into the Family and Medical Leave Act or the California Family Rights Act.

In addition to all that, California offers its state disability insurance, or SDI, which provides temporary benefits to individuals who happen to be unable to work on account of any medical condition verification of long flu cases. Protection when sick days become exhausted.

Can You Get Fired for an Extended Illness in California?

Laws like the FMLA and CFRA combine to provide qualified employees with up to 12 weeks of unpaid, job-protected leave in any given year due to a serious health condition. Matters become more complex if you’re ineligible or have exhausted your 12-week leave.

California is an at-will state when it comes to employment. This means that an employer can typically let any employee go at any time; however, with the protected status of disabilities as ordered by such laws as FEHA, it is not easy to terminate someone based solely on health issues. 

FEHA requires an employer to investigate reasonable accommodations for a disability unless they create an undue hardship on the business’s operation.

Working with an Attorney 

If you believe that your rights as an employee have been violated because of an illness, enlisting the services of a qualified Los Angeles employment lawyer could make all the difference. They would be able to advise on whether your rights under FMLA, CFRA, or FEHA have been violated and what avenue of law is applicable in such cases.

While hiring a Los Angeles employment lawyer, find out how much experience the lawyer has in employment law associated with health cases. Review their success rate in similar cases and read client feedback to gauge their effectiveness.

Leave a Comment