Yes, under California law, if you have accrued sick leave, your employer has to allow you to use it to go to a doctor’s appointment.
For instance, many people who are pregnant have to attend set doctor’s appointments as the pregnancy progresses. Other people often get an annual checkup or even have to merely go to the dentist. It does not have to be an emergency situation to have a doctor’s appointment, and your employer needs to honor your request for time off.
Many people think of sick leave as something that they will use during an unexpected situation. If they wake up with a fever, they may have to call in to work, and they understand that their employer would not want them to work while sick. So it is important to note the distinction that this can also be used for scheduled appointments.
Your employer cannot retaliate
Moreover, your employer should not retaliate against you, or threaten to do so, simply because you used the sick leave. Examples include:
- Threatening you with job termination
- Demoting you from your position
- Reducing your wages
- Suspending you from employment
- Writing you up in a performance review
It is not just that your employer cannot deny your request. They also need to treat you fairly, and your use of accrued sick leave should not have any effect on your employment or your standing within the company moving forward. This is to keep employers from trying to intimidate people into not making the requests and taking the time off that they are due.
Do you believe that your employer may have violated your rights when it comes to sick leave? If so, it can be helpful to work with an experienced attorney.