Can My Employer Force Me to Use Sick Days When There’s No Work?

Jun 13, 2025 / Wage & Hour

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

You show up for your shift, and your manager tells you they’re sending you home because there’s not enough business. But instead of unpaid time off or rescheduling, they automatically deduct a paid sick day. You’re not sick, you didn’t ask for time off, and you want to save your sick days for when you truly need them. Can they lawfully do that?

In California, sick leave is a protected employee benefit meant to support your health, not to help employers manage slow business days. Yet many workers are left confused or pressured into giving up their earned sick time for reasons that have nothing to do with illness. If you’ve been told to use your sick days when there’s no work, your rights under California employment law may have been violated.

What Does California Law Say About Sick Leave?

Under California’s Healthy Workplaces Healthy Families Act, or AB 1522, employers are required to provide paid sick leave to employees who have worked 30 days or more within a year. Part-time and temporary employees are included in the Assembly Bill and will earn at least one hour of paid leave for every 30 hours worked. For employees to use paid sick leave, the bill mandates that it must be used only for the following reasons:

Diagnosing, caring for, or treating an existing health condition (for yourself or a family member)
Preventive care (like medical checkups or vaccinations)
Time off related to domestic violence, sexual assault, or stalking

The law imposes strict limitations on how employers can deduct paid sick leave and they cannot forcefully use a sick day for an employee due to a lack of available work. Forcing you to use sick days when you’re not ill or caring for someone can be considered a violation of labor protections, as it misuses a benefit intended for your health and safety.

Common Examples of Unlawful Sick Leave Deductions

Some employers might disguise inappropriate sick leave deductions under the guise of policy or necessity. Here are some common examples of potentially unlawful conduct:

Slow day or no business – Your shift is canceled and you’re told to use a sick day to “cover the hours.”
Weather-related closures – A company shuts down for a day and automatically deducts sick leave from everyone’s balance.
No advance notice – Your hours are suddenly reduced mid-week and sick time is applied without your approval.
Mandatory time off – Your boss insists you “use or lose” your sick days before a certain deadline, even if you’re healthy.

If any of the following scenarios sound familiar, your rights may have been violated, as you were coerced into misusing a benefit.

What Can Employers Do Instead of Forcing Sick Leave?

When business slows down, employers still have options that don’t infringe upon your legal right to use sick days. Some options include things like offering unpaid time off, allowing use of vacation days, reducing total number of hours, and even providing flexible schedules.

Whatever your employer decides on, it is important to remember that employers cannot unilaterally decide to apply for your sick leave just because it’s convenient for the business. The decision to use sick leave should start with the employee and not management.

What If I Want to Use My Sick Days Voluntarily?

If you decide to use your sick days voluntarily, whether for mental health, stress, or preventive care is perfectly within your rights under California law. However, you typically do not need to provide a doctor’s note unless you are absent for more than three consecutive workdays, or if your employer has a reasonable suspicion of abuse.

Using your sick leave voluntarily does not waive your right to challenge inappropriate or forced usage in the future. Make sure you document your own decisions clearly, especially if there’s any pressure from your employer.]

Can My Employer Retaliate If I Refuse to Use Sick Leave?

Retaliation of any kind is unlawful and is protected under California Labor Codes such as section 246.5, section 1102.5, and section 98.6. If you refuse to use a sick day when you’re not actually sick, your employer cannot:

Reduce your hours or cut your schedule as punishment
Demote or discipline you
Threaten or intimidate you
Terminate your employment

Such actions could constitute wrongful termination or retaliation, giving you grounds to pursue legal action. Keep detailed records of any such incidents, including emails, text messages, and witness accounts and present them to an experienced employment attorney to review.

What to Do If You’re Being Forced to Use Sick Days

If your employer is pressuring you to use sick leave inappropriately, here are steps you can take:

Politely decline and ask to use unpaid time off or vacation time instead (if applicable).
Document everything and make any notes of discrepancies on your pay stub.
File a complaint with the California Labor Commissioner’s Office or the Department of Industrial Relations (DIR).
Consult with an employment law attorney to assess your case and explore your legal options.

If you are worried about being unable to afford an attorney, some law firms offer free consultations to help you understand whether your rights have been violated and what compensation you may be entitled to.

Sick Days Are for Health, Not Business Convenience

Sick leave was created to protect workers from illnesses and give them the ability to take care of their loved ones, not to act as a cushion for employers during downtime. In California, your sick days are yours to use when you need them and if your employer is forcing you to sacrifice any paid sick days due to lack of work, you don’t have to accept it.

Speak up, document your experiences, and reach out to a qualified employment law firm. You have legal rights, and you deserve to have them respected. Call La Dama Justicia for a free consultation.