Am i required to make up sick time?

I am a salaried employee working for a large
retail company and I was diagnosed with the flu
and instructed by the doctor to stay home and
recover for 3 days. My company is stating i
have to ‘make up’ the days i missed. I have a
contagious viral illness and a note from the
doctor.

Asked on January 8, 2019 under Employment Labor Law, Texas

Answers:

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

Answered 2 years ago | Contributor

If you have sick time or PTO to cover your absence, they you can use that. However, if not, then you can be made to make up the time unless you have protection under the terms of a union agreement or employment contract. The fact is that absent some form of legally actionable discrimination, a company can set the conditions of employment much as it sees fit. Further, a doctor's not is not legally binding on an employer.

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

Answered 2 years ago | Contributor

If you have sick time or PTO to cover your absence, they you can use that. However, if not, then you can be made to make up the time unless you have protection under the terms of a union agreement or employment contract. The fact is that absent some form of legally actionable discrimination, a company can set the conditions of employment much as it sees fit. Further, a doctor's not is not legally binding on an employer. 


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