Can an employer hinder my pay for using my sick days?

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Can an employer hinder my pay for using my sick days?

I get paid commissions based on my closing
penetration rate. If I take a sick day,
regardless if I have a doctor’s note or not, 5
people get added to my total amount of people
pitched. I still get my hourly minimum wage,
but I end up losing anywhere from 100 to 700
dollars for missing one day.

Asked on November 15, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were aware of this policy before they imposed it on you, it is legal. The law does not require employers to provide sick days at all; it is legal to not offer them to employees. Since it is voluntary to provide sick days, the employer may put limitations or penalties or restrictions on them. If you use a sick day without awareness of the policy, you are considered to have agreed or consented to that policy--and therefore, they can enforce it against you.


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