Mandatory Sick Leave

Many employers who offer holiday pay have written policies that state holiday pay will not be granted if an employee calls in sick the day before or after a holiday. Presumably the intent is to discourage employees from calling in sick as a means of lengthening a holiday weekend. Unfortunately, it is likely such a provision would be seen as resulting in retaliation against the employee for using protected sick leave since using the sick leave results in loss of holiday pay. It’s important to strike any similar language from written policies.

Source for Employment notes: California’s Mandatory Sick Leave, by Laura K. Sitar, Shareholder at Wroten & Associates.