CA Disability Benefits vs. Paid Sick Leave confusion - employer limiting my surgery recovery days

omg this is SO typical of california employers!!! they always try to get away with this crap. its definitely ILLEGAL for them to restrict which days you can use PSL on - paid sick leave is protected by law and they cannot interfere with your right to use it. my boss tried this same garbage last year when i needed sinus surgery. contact the labor commissioner's office ASAP!!!! they handle all paid sick leave violations.

This isn't an EDD issue at all actually. Paid Sick Leave is enforced by the Department of Industrial Relations/Labor Commissioner's Office. You can file a wage claim with them if your employer denies your legally protected sick leave. But honestly just telling your boss you know your rights might be enough to make them back down.

I'm going thru something similar and I'm so stressed. My doctor said my condition wasnt severe enough for SDI but I need 2 weeks off work. My boss is only letting me take 3 days of sick time and says I need to use vacation for the rest. Is that legal?? This whole system is confusing.

This is definitely NOT an EDD issue. EDD handles unemployment and state disability (SDI). For paid sick leave disputes, you need to contact the California Labor Commissioner's Office (also called the Division of Labor Standards Enforcement or DLSE). They handle all workplace rights violations including sick leave. Your employer cannot dictate which specific days you're allowed to use sick leave for legitimate medical purposes. That's a clear violation of California's Healthy Workplaces, Healthy Families Act. Document everything in writing (emails are best) and if they continue, file a complaint with the Labor Commissioner. Also, depending on the nature of your surgery, you might be eligible for job-protected leave under CFRA (California Family Rights Act) even if you don't qualify for paid SDI benefits. Worth looking into if your recovery might take longer than expected.

While this isn't directly EDD-related, it's important to understand the difference between SDI and PSL in California: 1. SDI (State Disability Insurance) is administered by EDD for longer/more serious medical conditions 2. PSL (Paid Sick Leave) is enforced by the Labor Commissioner's Office for shorter illnesses/medical care For your specific situation, you should file a complaint with the Labor Commissioner if your employer denies your request. California law specifically prohibits employers from denying valid sick leave requests or creating policies that discourage employees from using sick leave (like restricting which days of the week you can take). Here's the form you need: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm One important thing to know - make your request in writing (email) and keep copies of all communications. If they verbally deny you, follow up with an email summarizing what they said.

Everyone is correct that this isn't an EDD issue, but I want to add something important: if your surgery ends up requiring more time off than expected, you might qualify for SDI after all. Many people don't realize that you can apply for SDI benefits even after you've started using paid sick leave if your condition worsens or recovery takes longer. For your current issue, you should: 1. Submit your PSL request in writing (email) with doctor's note attached 2. If denied, remind employer of California Labor Code section 246.5(a) which prohibits requiring employees to find replacements or restricting when sick leave can be used 3. File a complaint with the Labor Commissioner if they persist Best of luck with your surgery!

Im in HR and ur boss is wrong!!! CA paid sick leave law says employers CANNOT dictate which days employees use PSL or require more documentation for certain days of the week. They can ask for a doctors note if that's their policy but it must apply equally to ALL days. This is a common violation and the Labor Commissioner takes it very seriously. I've seen employers fined thousands for this exact thing.

BTW if you need to actually talk to someone at the Labor Commissioner's office about this, good luck getting through on the phone... took me WEEKS of calling when I had my issue. I finally used this service called Claimyr that got me through to a live person at the Labor Commissioner in like 15 minutes. Their website is claimyr.com - they have a video showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km - saved me so much frustration. They can connect you to pretty much any CA government agency including EDD which is how I found them originally.

One more thing to consider: check if your employer is large enough to be covered by FMLA/CFRA (50+ employees). If so, your surgery and recovery might qualify for job-protected leave even if it doesn't qualify for SDI. This would protect your job while you recover, though it doesn't necessarily provide additional paid time beyond your PSL. The distinction between these different types of leave protections can be confusing.

Just to clarify for everyone: There are multiple types of medical leave protection in California, and they're enforced by different agencies: - SDI (State Disability Insurance): Paid benefit for longer disabilities, administered by EDD - PSL (Paid Sick Leave): Required for all employees, enforced by Labor Commissioner - FMLA/CFRA: Job protection for medical issues, enforced by DFEH/EEOC The OP's issue is specifically about PSL, which falls under the Labor Commissioner's jurisdiction. Their employer cannot restrict which days they use PSL if it's for a legitimate medical purpose like surgery recovery.

Just wanted to add my experience - I went through something very similar last year with knee surgery. My employer initially tried to restrict my sick leave usage too, but once I sent them a formal email citing California Labor Code Section 246.5, they backed down immediately. The key is documentation - send everything in writing and keep copies. Your employer's "Monday/Friday restriction" policy is absolutely illegal under California's Healthy Workplaces, Healthy Families Act. They cannot interfere with your right to use accrued sick leave for legitimate medical reasons, regardless of which day of the week it falls on. I'd recommend sending an email to your boss stating: "Per California Labor Code Section 246.5, I am requesting to use [X] days of my accrued paid sick leave for my upcoming surgery and recovery from [dates]. Please confirm approval in writing." This puts them on notice that you know your rights and creates a paper trail if you need to file a complaint later. Hope your surgery goes smoothly and you don't have to deal with any more workplace drama during your recovery!

This is definitely a Labor Commissioner issue, not EDD! Your employer's "Monday/Friday restriction" policy is completely illegal under California's Healthy Workplaces, Healthy Families Act. They cannot dictate which specific days you use your accrued sick leave for legitimate medical purposes. I went through something similar when I needed oral surgery - my boss tried to say I could only take sick days "in the middle of the week" to avoid "fake long weekends." Total nonsense! Here's what worked for me: 1. Send a formal email request citing California Labor Code Section 246.5 2. Attach your doctor's note specifying recovery time needed 3. Keep copies of ALL communications 4. If they deny it, file a complaint with the Labor Commissioner's Office (DLSE) The Labor Commissioner takes these violations seriously - employers can face significant fines for interfering with legitimate sick leave usage. Your surgery recovery is exactly what paid sick leave is designed for, and the day of the week is completely irrelevant. Don't let them intimidate you! Stand your ground and document everything. Most employers back down once they realize you know your rights. Good luck with your surgery!

I'm dealing with a similar situation right now and this thread has been incredibly helpful! My employer tried to pull the same "no Mondays/Fridays" nonsense when I needed time off for a medical procedure. What really helped me was calling their bluff - I sent an email saying "I understand you're concerned about abuse of sick leave, but California Labor Code Section 246.5 specifically prohibits employers from restricting when employees can use accrued sick leave for legitimate medical purposes. I'm happy to provide additional medical documentation if that would help address your concerns." They approved my request within 24 hours after that email. The key is being professional but firm, and showing that you know your rights. Most small business owners genuinely don't know the law and will comply once they understand they could face penalties from the Labor Commissioner. Document everything, stay calm, and don't let them make you feel guilty for using benefits you've legally earned. Your health and recovery should be the priority, not your employer's scheduling preferences!

As someone who works in employment law, I want to emphasize that your employer's Monday/Friday restriction policy is a textbook violation of California's paid sick leave protections. What they're doing is called "interference" and it's specifically prohibited under Labor Code Section 246.5(c). Here's what I recommend: 1. Send an email TODAY requesting your specific sick leave dates with your doctor's note attached 2. State clearly: "I am requesting to use X days of my accrued paid sick leave for medically necessary surgery recovery from [dates]. California Labor Code prohibits employers from restricting when employees can use sick leave for legitimate medical purposes." 3. If they deny any days, immediately file a complaint at: www.dir.ca.gov/dlse/HowToFileWageClaim.htm The Labor Commissioner can order your employer to pay you for any denied sick days PLUS penalties. I've seen employers pay $4,000+ in fines for this exact violation. Don't let them stress you out before your surgery - you have strong legal protections here! Also, keep in mind that if your recovery takes longer than expected, you may still be able to apply for SDI benefits through EDD even after using some paid sick leave initially.

I'm so sorry you're dealing with this stress right now - having to fight for basic worker rights while preparing for surgery is the last thing anyone should have to handle! I went through something very similar when I needed gallbladder surgery. My employer tried to claim I could only use sick leave on "non-adjacent days" to prevent me from having more than one day off in a row. Absolutely ridiculous and completely illegal under California law. What really helped me was being very direct about the legal consequences. I sent my boss an email saying: "California Labor Code Section 246.5 prohibits employers from interfering with employees' right to use accrued sick leave for medical purposes. Restricting which days I can use sick leave for surgery recovery constitutes interference and could result in penalties from the Labor Commissioner's Office." They approved my full request within hours of getting that email. Sometimes small business owners genuinely don't know the law, but mentioning potential penalties from the Labor Commissioner tends to get their attention real quick. Document everything in writing, stay professional but firm, and don't let them make you feel guilty for using benefits you've legally earned. Your recovery is what matters most. The Labor Commissioner's Office has your back on this one - they take sick leave interference violations very seriously. Wishing you a smooth surgery and speedy recovery! 🙏

I'm so glad you found this community - dealing with employer pushback on sick leave while preparing for surgery is incredibly stressful! What your boss is doing is absolutely illegal under California's Healthy Workplaces, Healthy Families Act. Employers cannot restrict which days of the week you use your accrued paid sick leave for legitimate medical purposes. Their "Monday/Friday require extra documentation" policy is a clear violation of Labor Code Section 246.5. I'd recommend sending an email to your boss TODAY stating: "I am formally requesting to use [X] days of my accrued paid sick leave for my medically necessary surgery and recovery from [specific dates]. Per California Labor Code Section 246.5, employers cannot interfere with or restrict when employees use sick leave for legitimate medical purposes, regardless of which day of the week." Make sure to attach your doctor's note and keep copies of everything. If they continue to deny your request or impose restrictions, file a complaint with the California Labor Commissioner's Office (DLSE) immediately - they take these violations very seriously and can impose significant penalties on employers who interfere with sick leave usage. Don't let them stress you out before your surgery! You have strong legal protections here, and most employers back down once they realize the potential consequences. Focus on your health and recovery - that's exactly what paid sick leave is designed for. Wishing you a smooth procedure and quick healing! 💙

I'm a newcomer here but wanted to share that I went through something almost identical last year with my appendectomy recovery. My employer tried to pull the exact same "no consecutive days off" nonsense, claiming I was trying to abuse the system by taking Thursday and Friday together. What really worked for me was being very specific about the medical necessity in my written request. I sent an email saying: "I am requesting 4 consecutive days of paid sick leave (Thursday-Sunday) for appendectomy recovery as medically prescribed by my physician. California Labor Code Section 246.5 prohibits employers from restricting when employees use accrued sick leave for legitimate medical purposes." The key is making it crystal clear that this isn't about wanting time off - it's about medical necessity. Recovery doesn't pause for weekends just because it's more convenient for scheduling! Your employer's Monday/Friday restriction policy is completely illegal and the Labor Commissioner's Office will back you up 100%. Document everything, stay professional but firm, and don't let them make you second-guess yourself. You've earned this sick leave and you have every right to use it when your body needs to heal. Most employers cave immediately once they realize the legal liability they're facing. Hope your surgery goes smoothly and you get this workplace issue resolved quickly! Focus on your health - that's what matters most. 💪

As a newcomer to this community, I'm shocked by how common this type of employer interference seems to be! Reading through everyone's experiences has been both eye-opening and frustrating - it's clear that many California employers either don't understand paid sick leave laws or are deliberately trying to discourage employees from using their legally protected benefits. Your boss's Monday/Friday restriction policy is absolutely illegal under California Labor Code Section 246.5. The Healthy Workplaces, Healthy Families Act specifically prohibits employers from interfering with or restricting when employees can use accrued sick leave for legitimate medical purposes. Surgery recovery is exactly what paid sick leave is designed for! I'd strongly recommend following the advice others have given here: send a formal written request citing the specific Labor Code section, attach your doctor's note, and make it clear you know your rights. Something like: "I am requesting X days of accrued paid sick leave for medically necessary surgery recovery from [dates]. California Labor Code Section 246.5 prohibits employers from restricting when employees can use sick leave for legitimate medical purposes." Keep copies of everything and don't let them intimidate you. The Labor Commissioner's Office takes these violations very seriously - employers can face significant fines for this exact type of interference. Most back down immediately once they realize the legal liability. Focus on your health and recovery. You've earned this sick leave and have every right to use it when your body needs to heal, regardless of which day of the week that happens to fall on. Wishing you a smooth surgery and quick recovery!

As a newcomer to this community, I'm really grateful to have found this thread! I'm currently dealing with a very similar situation where my employer is trying to restrict when I can use my paid sick leave for a medical procedure. Reading through everyone's experiences has been both frustrating (seeing how common these violations are) and empowering (learning that we have strong legal protections). It's clear that many employers either don't understand California's paid sick leave laws or are deliberately trying to discourage employees from using their legally earned benefits. What really stands out to me from all the advice shared here is the importance of: 1. Making formal written requests (email is perfect for creating a paper trail) 2. Citing California Labor Code Section 246.5 specifically 3. Emphasizing the medical necessity rather than just wanting time off 4. Keeping copies of ALL communications 5. Not backing down when you know you're in the right The fact that the Labor Commissioner's Office can impose significant fines seems to be what gets employers to change their tune quickly. It's unfortunate that we have to become mini legal experts just to use our basic worker protections, but clearly it's necessary to protect ourselves. For anyone else dealing with similar employer interference - you're not alone, these violations are unfortunately common, but you have strong legal rights and most employers back down once they realize the potential consequences. Don't let them stress you out during an already difficult time dealing with health issues!