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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118722
Experience:  20+ Years of Employment Law Experience
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Hello, We have an employee who is resigning with two weeks

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Hello, We have an employee who is resigning with two weeks notice but now wants to use her accumulated sick leave for those two weeks. Do we have to pay her that sick leave? Also, we told her she was being terminated but gave her the option of resigning instead. If she gives us a doctor's notice, must we still pay her the sick time? We are small company in CA. Thanks
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

There is no law in CA that sick leave be paid upon termination. Furthermore, when an employee gives 2 weeks notice of quitting, it is up to the employer to accept that 2 week notice or the employer can dismiss the employee any time before the 2 weeks and only has to pay the employee for hours actually worked (not the 2 whole weeks unless there is some written contract to the contrary) and for unused vacation pay, not sick pay. Thus, you can dismiss her prior to the 2 weeks and would not have to pay her sick pay. However, if you keep her on and she presents a legitimate doctor's note you would have to pay sick pay in accordance with your policy.

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Customer: replied 4 years ago.

thank you for your help. I'd like to keep this open for today at least. I just emailed her a response and may have another question. Is that ok? Jane

Thank you for your response.

I will be here for you all day.
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