What is the law when an employee calls in sick?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the law when an employee calls in sick?

I work 2 jobs, both kitchen work. Job 1 is a restaurant and Job 2 is a kitchen within a grocery store. Job 1 has no AC but Job 2 does. The last 2 days have been 90 degree plus days. I worked Job 1 last night and got heat exhaustion. I called in sick to Job 2 because I was delirious. I was not safe to drive myself. However, my manager at Job 2 said that I had to come in and to have my partner drive me in and pick me up. I called an hour before my shift was to begin and was unable to form full sentences and moved very slowly. I still had to go in but left after 4 hours as a replacement came in to relieve me. My replacement and I were on the clock together for 2 hours before I was able to leave. Is it legal for my employer to tell me that I have to work when I feel unable to fully perform my duties safely?

Asked on July 3, 2018 under Employment Labor Law, New York

Answers:

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

Answered 6 years ago | Contributor

Yes, it is legal for an employer to tell a worker that they have to work even if they feel unable to fully perform their duties safely. The fact is that most work relationships  are "at will". this means that a company can set the conditions of employment much as it sees fit. That is unless there exists an employment/union agreement to the contrary or if the condiions constitute some form of legally actionable discrimination.

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

Answered 6 years ago | Contributor

Yes, it is legal for an employer to tell a worker that they have to work even if they feel unable to fully perform their duties safely. The fact is that most work relationships  are "at will". this means that a company can set the conditions of employment much as it sees fit. That is unless there exists an employment/union agreement to the contrary or if the condiions constitute some form of legally actionable discrimination.  


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption