There is no law (unless you live in San Francisco), which requires employers to provide sick pay for days not worked due to illness. Many employers provide sick pay as a benefit. If you have never received it before and there is no policy on this provided by your employer, it probably is not required.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Employers in California are not required to provide paid sick pay to their employees. Many offer paid sick days as an employee benefit, but there is no law requiring that they do so.
Employers are required to reasonably accommodate a known temporarily disabling condition, but that duty does not include paying the employee as they take the medical leave.
Note: if you have been paid as an exempt employee (i.e., weekly salary or the like) and you miss a few days, and that characterization is a legally correct one, your missing a few days does not allow the employer to "dock" your salary. However if you miss a full week, it is acceptable to not pay for that week you did not work.
Good luck to you.
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Generally, employers aren't required to provide paid sick-days, although some employers offer it.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney. Sarkis Sirmabekian 818-473-5003.
The other lawyers have answered your question well.
I just want to add you may want to talk to an experienced lawyer about your situation, because many employers do not calculate the wages owed to live-in nannies correctly.
Here is the basic rule:
(A) A LIVE-IN employee shall have at least 12 consecutive hours free of duty during each workday of 24 hours, and the total span of hours for a day of work shall be no more than 12 hours, except under the following conditions:
(1) The employee shall have at least three (3) hours free of duty during the 12 hours span of work. Such off-duty hours need not be consecutive, and the schedule for same shall be set by mutual agreement of employer and employee, provided that
(2) An employee who is required or permitted to work during scheduled off-duty hours or during the 12 consecutive off-duty hours shall be compensated at the rate of one and one-half (1 ½) times the employee's regular rate of pay for all such hours worked.
(B) No LIVE-IN employee shall be required to work more than five (5) days in any one workweek without a day off of not less than 24 consecutive hours except in an emergency as defined in subsection 2(D), provided that the employee is compensated for time worked in excess of five (5) workdays in any workweek at one and one-half (1 ½) times the employee's regular rate of pay for hours worked up to and including nine (9) hours. Time worked in excess of nine (9) hours on the sixth (6th) and seventh (7th) workdays shall be compensated at double the employee's regular rate of pay.
David A. Mallen
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