Is it legal if an employee asks for time off 4 days prior to taking the time and arranges for coverage of their days but their employer threatens to dock their pay?
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Is it legal if an employee asks for time off 4 days prior to taking the time and arranges for coverage of their days but their employer threatens to dock their pay?
Asked on August 27, 2019 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless you have vacation, PTO or FMLA to cover your absence, then you have no right to miss work. his is true even of you arrange for coverage. If you take off anyway, then you can be suspended or even terminated. The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is no right to miss work, unless you are using paid time off (PTO) you earned, such as vacation or sick days, or using FMLA unpaid leave. Therefore, the emplyer can say to the employee that you may not miss work, even if you arrange for coverage, and discipline the employee for doing so.
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