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I have 80 hrs of sick leave accumulated over a 5 year

Customer Question
I have 80 hrs...

I have 80 hrs of sick leave accumulated over a 5 year period, can you take stress or anxiety or other related illness leave under sick pay

Lawyer's Assistant: Have you documented this or discussed it with HR?

Not yet

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time with medical benifits under Kaiser

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just the symptoms, separation from spouse one year ago with not time off, which has caused stress and other issues which i was going to discuss with my doctor on an appointment on Friday

Submitted: 10 months ago.Category: California Employment Law
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9/20/2017
California Employment Lawyer: socrateaser, Lawyer replied 10 months ago
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 40,068
Experience: Retired
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As long as you can show via a physician's letter that you have a bona fide illness or injury, you can use sick leave to pay for your time off. However, it is not the sick leave pay benefit that provides your right to job protection. The protection is provided under the California Family Rights Act (CFRA), and extends to a maximum of 12 weeks time off. Obviously, 80 hours for a full time employee is only 10 days, so there shouldn't be a problem with your utilization of the paid sick leave.

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California Employment Lawyer: socrateaser, Lawyer replied 10 months ago

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I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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California Employment Lawyer: socrateaser, Lawyer replied 10 months ago

Hello again,

I have been reviewing the paid sick leave law (Cal. Labor Code 245 et seq.), and I find that I must revise my original answer, as follows:

1. You do not need to provide your employer with a physician's letter or certification in order to use paid sick leave under Labor Code 246.5(a).

2. The employer may limit your use of accrued paid sick leave to three days (24 paid hours) during any year of employment. Labor Code 246(d).

However, you can use State Disability Insurance to pay for additional time off, and the CFRA, as previously described, to supplement the first three days of paid sick leave -- if you require more time off to rehabilitate.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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California Employment Lawyer: socrateaser, Lawyer replied 10 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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