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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 2 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 2 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.


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 with SHA-256 Encryption