The PSL law contains strong protections for employees.1 You cannot:

  • Deny employees the right to use accrued paid sick days.
  • Take any action against an employee for using accrued sick days or attempting to exercise the right to use accrued sick days. Prohibited actions include discharge, threat of discharge, demotion, suspension or any manner of discrimination.
  • Retaliate against employees who file complaints alleging violations of the law, or who cooperate in an investigation or prosecution of an alleged violation or oppose any policy, practice or act prohibited by this law.

Employers will be faced with a “rebuttable presumption” of unlawful retaliation if an employer takes adverse action (including denying the right to use accrued sick days) against a person within 30 days of when the employee:

  • Files a complaint with the Labor Commissioner or alleges a violation of this law.
  • Cooperates with an investigation or prosecution of an alleged violation of this law.
  • Opposes a policy, practice, or act that is prohibited by this law.
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