Skip to main content

Can a company stop paying salary while under doctor care?

San Diego, CA |

Last week I had a severe panic attack from not having my anti-anxiety medication, I was taken to the E.R. And treated for withdrawal from my medication. I was given tranquillizers and told that it would take at least a week for my medication to get me back to "normal" subsequently the ought the week I've had a few more attacks. My boss says that I will not be paid my salary until I can come back to work. Can they just stop paying me?

Attorney Answers 5

Posted

Unless your employer has an established paid sick leave policy, there is nothing that requires your employer to pay you while you are out sick.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Mark as helpful

6 lawyers agree

Posted

I agree with Mr. Pederson. California law does not require employers to provide employees with paid sick days (although I believe San Francisco has an ordinance requiring such payment). So unless your employer has a paid sick leave policy in place, the company is within its rights to not pay you for the days you're away with illness.

The information presented here is general in nature and is not intended, and should not be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author, and Pham Law Group does not represent you as your attorneys until retained by a written retainer agreement signed by both parties.

Mark as helpful

3 lawyers agree

Posted

Yes, your employer can just stop paying you. California law does not require employers to provide employees with paid sick days unless it has a paid sick leave policy in place.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Mark as helpful

2 lawyers agree

Posted

I agree with the other responses, but wanted to add that you may be entitled to state disability insurance benefits. You can find out more at this link:

Law Offices of Linh T. Nguyen 916.509.7200 Disclaimer: This reply is not intended to be and does not constitute legal advice or the establishment of an attorney-client relationship. I always recommend consulting with an attorney, especially since many attorneys offer free, no-obligation consultations.

Mark as helpful

1 lawyer agrees

Posted

I generally agree with my colleagues, with ONE IMPORTANT EXCEPTION:

If you are a salaried employee, and you worked any part of the workweek, you cannot be deducted for absences caused by injury or illness. You must receive your full salary for that week.

If you are docked salary, you may have a claim for back overtime because the docking of salary is inconsistent with the overtime exemption. The law says that the employer cannot have it both ways.

An experienced wage & hour lawyer can help you with this issue (if it is an issue).

Best regards,

David A. Mallen
310.895.0107
www.elsegundocaemploymentattorney.com

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

Mark as helpful

2 lawyers agree

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics