Can a company stop paying salary while under doctor care?

Asked almost 2 years ago - 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)

  1. Neil Pedersen

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Jeff Hoang Pham

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more
  3. Frank Wei-Hong Chen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. David Andrew Mallen

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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... more
  5. Linh Thiet Nguyen

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more

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