Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
In the world of healthcare, nurses are on the front lines working long shifts, performing emotionally and physically demanding tasks, and caring for vulnerable patients. But when nurses themselves fall ill, the question arises: “Can a hospital legally deny a nurse’s sick leave request in California?”
This question isn’t just an administrative one, it’s a matter of legal rights, public health, and workplace justice, because denying nurses sick leave doesn’t just harm the employee; it can jeopardize patient safety and violate a series of California labor laws.
Do Nurses Have the Right to Sick Leave in California?
Like any employee, nurses are protected under state law, federal labor standards, and healthcare-specific regulations that guarantee the right to take sick leave without retaliation or unlawful denial. In fact, sick day protections are applicable whether the nurse works in a public hospital, a private healthcare facility, a nursing home, an outpatient clinic, or an urgent care setting.
Understanding the California Paid Sick Leave Law
According to the Healthy Workplaces, Healthy Families Act (AB 1522), all California employees, including nurses, are entitled to paid time off for health-related issues. Whether nurses have to take a day off to take care of themselves or a family member, they have the right to do so without fear of retaliation or punishment.
In fact, hospitals cannot carve out exemptions to the law simply because of internal policy. The law applies regardless of job title or classification, so long as the nurse works in California and meets the basic service requirement (30+ days worked within a year).
Can a Hospital Deny a Nurse’s Sick Leave?
Hospitals cannot lawfully deny a nurse’s sick leave, especially if they have properly accrued paid sick time and properly requested the valid reason within a reasonable amount of time. According to California Labor Code Section 246, employers must allow paid sick leave to be used and are prohibited from denying or interfering with its use. Should an employer deny sick leave, the employer can be held liable for unlawfully violating labor laws, denial of wages, and retaliation.
Can a Hospital Retaliate Against a Nurse for Using Sick Leave?
Under California Labor Code Section 246.5(c), it is unlawful for any employer to deny a nurse the right to use accrued sick leave and discipline, demote, or terminate a nurse for exercising their right to use a sick day. If a supervisor or manager has issued a “point” for calling in sick, suddenly begins to schedule the nurse for fewer shifts, delays their promotion, or even assigns them undesirable patients, they can be charged with workplace retaliation and be subjected to a series of punishments and fines.
What Legal Options Do Nurses Have If Their Sick Leave Is Denied?
If a nurse is denied sick leave, they can document the incident and report it to Human Resources or a supervisor to review. However, if the issue cannot be resolved internally, it is recommended to file a complaint to the California Division of Labor Standards Enforcement and have them launch an official investigation regarding the matter.
Additionally, it is recommended to consult with a skilled employment attorney in order to get a better understanding of the situation and see what options are available. Depending on the severity of the violation, affected victims can file an employment claim and can recover compensation in the form of lost wages, emotional distress, reinstatement, and legal fees.
Call La Dama Justicia Today
If you’re a nurse who was denied sick leave or was retaliated against for using your lawful time off, we’re here to help. La Dama Justicia is a California employment law firm and our team of powerful attorneys are ready to fight for their client’s rights. With approximately 15 years of experience, the attorneys at La Dama Justicia have a proven track record of securing compensation and getting their clients’ the justice they rightfully deserve. Contact us today by calling (818) JUSTICE or by filling out our online contact form for a free consultation.
Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
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