Taking time off work to care for a sick child is one of the most common experiences many employees face. For working parents in California, a simple act of caregiving often comes with anxiety, as they wonder if they can get fired for it.
In many cases, California law provides legal protections for situations such as caregiving, but the protections depend on several factors, including your employer’s size, how much time off you need, and your eligibility under specific state and federal laws.
Can Workers Take Time Off to Care for a Sick Child in California?
Under California and federal law, workers can take time off to care for a sick child without termination or punishment. However, there are certain limitations that are dependent on the company size and a variety of other factors.
For instance, the California Family Rights Act (CFRA) or otherwise known as California Government Code 12945.2 allows eligible workers to take up to 12 weeks of unpaid, job-protected leave per year to care for a family member with a serious health condition. In order to be eligible, workers must have worked more than 12 months and 1,250 hours of service with their employer.
Meanwhile on a federal level, laws such as the Family and Medical Leave Act (FMLA) apply to companies with 50 or more employees and if workers meet the same work and hour thresholds, they will be able to take time off to care for their sick children.
Can Workers Use Sick Days or PTO To Care for Their Child?
Under California Labor Code 233, workers are legally allowed to use their paid sick days to take care of their sick family members. In addition, California Labor Code 246 requires all employers to provide at least five days of paid sick leave per year for their workers, and workers can use the hours to provide care for themselves or for a family member. Even if the child’s illness is minor like the flu or an ear infection, workers can use their paid sick days and their employer cannot retaliate or fire them for doing so.
What If My Employer Fires Me Anyway?
Even with protections in place, some employers may still unlawfully fire or retaliate against workers who take family-related leave. In such scenarios, workers may have grounds to file a wrongful termination/retaliation lawsuit against their employer. If workers have experienced any of the following, they should contact an employment attorney immediately.
- Terminated shortly after requesting time off to take for a child
- The employer claims the absence was “unexcused”
- Workers received sudden negative performance reviews after taking leave
- Workers were written up for minor or fabricated violations
- The employer pressures workers not to use CFRA, FMLA, or sick leave
What Remedies Are Available to Workers?
If workers were wrongfully fired for taking protected leave to care for a sick child, they may be entitled to financial compensation for the employer’s negligence and/or recklessness. In fact, depending on the nature and severity of the situation, workers could recover the following:
- Reinstatement to your job
- Back pay (lost wages and benefits)
- Front pay (future lost earnings)
- Compensatory damages (emotional distress)
- Punitive damages (if the employer acted with malice)
- Attorney’s fees and costs
To get a better understanding of what workers can recover in a wrongful termination lawsuit, it is highly recommended to consult with a skilled employment attorney who can carefully analyze the situation.
Contact Lawyers for Justice, P.C. Today
California law recognizes that family comes first and whether employees are using paid sick leave, unpaid family leave, or dealing with a school emergency, their employer cannot fire them for taking protected time off. If an employee gets terminated or punished for putting their child’s health first, they shouldn’t stay silent.
Lawyers for Justice, P.C. is a highly rated employment law firm specializing in fighting for employee rights. The 24/7 legal team is ready to hold negligent employers accountable for their actions. With decades of experience and a proven track record of success, Lawyers for Justice, P.C. can handle employment claims with the utmost care and respect that they deserve.
Call 818-JUSTICE today or by filling out the online contact form for a free consultation.