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2. How will this affect others?

Employee said her cat was stuck inside the dashboard of her car.

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Employee said they were kicked by a llama and suffered a broken leg as a result. Employee said his girlfriend threw a pan of hot grits in his face.

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Employee said their parakeet had the flu and needed to be taken care of. Employee said her roots were showing and she had to keep her hair appointment because she looked like a mess.

Employee said he broke his arm reaching to grab a falling sandwich. Employee said they were stuck under the bed. Employee said the universe was telling him to take a day off.

Employee said his wife found out he was cheating, so he had to spend the day retrieving his belongings from the dumpster. Employee claimed his grandmother poisoned him with ham. Employee said she poked herself in the eye while combing her hair. Employee said they chugged a bottle of mouthwash thinking it was Powerade and was sick as a result. Employee said his wife put all his underwear in the washer. Employee said she was going to the beach because the doctor said she needed more vitamin D. Employee ate cat food instead of tuna and was deathly ill.

Yet many employers ask pointed and often very personal questions about the illness, making employees feel that they have to prove their sickness. Learning what your boss can and cannot ask in these situations will help you protect your rights and prevent unfair employer retaliation. To learn more about employee rights, speak to an Orange County workers compensation lawyer today.

Employers often ask the details of the illness and how long the employee expects to be out. There is no federal or state law prohibiting an employer from asking certain questions when an employee calls in sick.


Why You Should Take the Day off Work and Not Feel Guilty

Most employee handbooks will have more in-depth details about the sick leave process at a specific place of employment. To understand which questions your employer may legally ask you, first differentiate between sick days and vacation days. Unpaid time off, however, may result in the employer requiring proof of illness. In general, the law allows employers to ask about the details of sick leave, such as the nature of the illness and when the employee expects to return to work.

These are general questions that can give the employer an idea of the circumstances of the sick leave. An employer cannot, however, require proof of an illness outside of company policies.

The subtle art of calling in sick

An employer must apply sick day regulations to every employee to avoid discriminating against employees who may have disabilities. The Family and Medical Leave Act allows an employee to take an extended sick leave of up to 12 weeks for a number of serious health conditions and other reasons, without employer retaliation. However, an employer can require medical certification of the condition.

How to Call in "Sick"

The new law addresses what qualifies an employee for paid sick leave and when an employee may take this leave. According to the bill, California employees can use paid sick leave beginning on their 90 th day of employment.