What If I Might Be Sick or Have Been Exposed? What if I was not paid for taking sick leave?

If you were not paid for taking sick leave, you can file a wage claim with the Labor Commissioner's Office to get back your unpaid wages regardless of your immigration status.

Who Can File

Any worker in California who was not paid wages while taking paid sick leave can file.

Remember to file your claim within three years of the violation.

How to Prepare

Gather relevant information, such as:

  • Your employer's address
  • The name of the company or individual you work for.
  • Information that indicates when you worked and what you should have been paid, such as pay stubs if they are available.

Make copies of the information so that you can send the copies and keep the original version.

Remember, the law requires your employer, not you, to maintain accurate records, but any evidence you can provide will help when filing a claim. Read more on supporting documents on the Labor Commissioner's website.

How to File

Once you have gathered the information about your employer and documents, if available, the next step in the process is to file a claim. You can file your claim by email, mail or in person. Download a claim form, complete and print it, attach applicable documents and send it to the Labor Commissioner's Office.

The claim forms and instructions can be downloaded and printed in  multiple languages.

Make sure to check the box at the top that indicates your claim is related to COVID-19.

If you need help filing your claim, visit or call a Labor Commissioner's Office location near you. To locate the office nearest you refer to an alphabetical listing of cities, locations and communities.

For updates on your wage claim, please email the district office where you filed your claim and include your claim number in the subject line. For general questions, please email DLSE2@dir.ca.gov.

More Resources

December 2020