Can an employer force you to come into work during a state of emergency?

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Can an employer force you to come into work during a state of emergency?

Can they refuse to pay you if you call off due to inclement weather, even if you have sufficient paid time off accrued?

Asked on January 31, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First off, does this action violate compny policy or the terms of a union agreement or employment contract? Does this treatment constitute some form of actionable discrimination? If not, then while seemingly unfair it is legal. The fact is that the terms and conditions of employment can be set much as an employer sees fit or deems necessary. This includes who takes off and when. Additionally, PTO is a discretionary benfit so an employer has a great deal of say over if it can be taken and when.


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