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The Dog Ate My Homework
California’s Paid Sick Leave Law Makes Some Excuses for Lateness Bulletproof
Employees occasionally arrive late to work, it’s inevitable. Mostly traffic, oversleeping or bad weather are to blame, but sometimes an employee has a more unusual excuse. According to a recent CareerBuilder survey, some of the more creative explanations employers have heard include:
While employers may discipline for unexcused lateness or absences, they must be careful about legally-protected absences or tardiness. The Labor Commissioner’s Office recently updated the California Paid Sick Leave: Frequently Asked Questions to include clarifications on paid sick leave and employer attendance policies.
In this state, if an employee has an unscheduled absence or lateness and uses accrued paid sick leave for an allowed purpose under the paid sick leave law, it is not permissible for the employer to discipline the employee. Conversely, if the employee does not have any available paid sick leave or the absence is not for a reason covered under that law, the absence would not be protected from disciplinary action. For more, see California Paid Sick Leave Law (August, 2015) and California Paid Sick Leave Law, More About (November, 2015).
Employers must still be cautious as the absence may be protected under the Family and Medical Leave Act, the California Family Rights Act, California Pregnancy Disability Leave laws, the Americans with Disabilities Act, or the Fair Employment and Housing Act. It is important for personnel managers to do their homework and understand this patchwork of overlapping laws.
The updated FAQs also address company paid time off policies that were already in place before the new law went into effect (grandfathered plans).
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
Cindy Bamforth
May 5, 2017
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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