Is it legal to ask employee who has called in sick to come into work anyway?

I work for a state institution and seldom ever call in sick. I happened to be ill and called in sick. Later, my supervisor contacted me at home and asked me to come into the office for 2 meetings I was not scheduled for.

Asked on May 16, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal to ask the employee to come into work. If she had and used a sick day, she as the right to say "no"--she is allowed to use her sick days; and if she does come in, then she can't be charged a sick day--it is a work day. But there is nothing illegal or improper about the employer making the request.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.