What is the impact of paid sick leave on a victim's claim for lost wages?

As the Attorney General points out, paid sick leave "can be viewed as a form of employer-provided pay insurance." A restitution award will not be reduced based on the fortuity that a crime victim has had the foresight to purchase insurance that covers a loss caused by the crime; by a parity of reasoning, the fortuity of a victim's employment with an organization that offers paid sick leave should not reduce the defendant's obligation to compensate the victim for time taken off work to recover from injuries suffered. (See People v. Birkett (1999) 21 Cal.4th 226, 246.) Had the victim in this case worked for an employer that did not offer paid sick leave, he would have been entitled to recover lost wages for the time he could not work. Appellant should not receive a windfall simply because the victim was effectively reimbursed by his employer. (Ibid.)

The judgment is affirmed.

Page 4

/s/_________
NEEDHAM, J.

We concur.

/s/_________
JONES, P.J.

/s/_________
BRUINIERS, J.

Footnotes:

^1. Further statutory references are to the Penal Code.