What is the law when an employee calls in sick?
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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 5 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 5 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.
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