Can we have a policy requiring employees to work the day before and after a holiday to receive pay for not working on the holiday?
The Healthy Families, Healthy Workplaces Act has a broad anti-discrimination provision that will affect your company’s policy.
California Labor Code Section 246.5(c)(1) states that “an employer shall not deny an employee the right to use accrued sick days… or in any manner discriminate against an employee for using accrued sick days….”
Enforcing a policy in a way that denies an employee additional compensation as a result of the employee using their accrued sick leave would be in violation of this Labor Code section. Therefore, if one of your employees called in sick (and had accrued sick leave
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