Is it legal if I’m an exempt salary employee and have been told that if I take a sick/PTO day that I’m required to still answer my phone and work from home?

Asked on February 1, 2016 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal in the sense that your employer can require you to work on a sick or other PTO day, but if you do more than a very modest amount of work (e.g. answer a few fairly short calls or emails) it should be considered a work day and you would not have to use a sick or other PTO day. Of course, that is easier said than done, because if your employer refuses to honor this, you'd have to take legal action against your employer, which may not be worthwhile.


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