Kimberly McCarther, Plaintiffs and Appellants v. Pacific Telesis Group, Defendants and Respondents

Summary

The court held that Labor Code section 233 does not apply to an employer's uncapped sickness-absence policy under which employees receive compensation for illness in recurring periods but do not accrue or bank a specified amount of sick leave. Because the policy did not provide accrued increments of compensated leave and the statutory six-month entitlement could not be calculated, the court concluded that the policy fell outside section 233. The court reversed the Court of Appeal's judgment.