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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

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