Can you be forced to work overtime, at a regular rate of pay, if you call in sick that week?

I know you must physically work a 40 hour week. If one calls in sick during that week. Can he/she be ordered to work additional hours, at the regular rate of pay?

Asked on October 30, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, your employer can require this:

1) An employer can set the terms and conditions of work, including the hours or shifts. This extends to requiring additional work during a given week, due to increased demand, staffing shortfalls, or an individual employee's own absence from work.

2) A nonexempt employee (i.e. one who normally gets overtime) only must be paid overtime for any hours he or she actually *works* past 40 hours in a single work week. Unfortunately, sick days, paid holidays, vacation days or personal time, etc. do not count as work for this purpose. So you can be ordered to work more; and only when the hours worked, exclusive of sick time, exceed 40 hours that week would overtime be required to be paid to you.

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