Do I have any legal rights if as an hourly employee I called out for the first time because I was sick and my employer suspended me for a week?

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Do I have any legal rights if as an hourly employee I called out for the first time because I was sick and my employer suspended me for a week?

Asked on August 29, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you have a legitimate grievance for being suspended by your employer for one (1) week after calling in sick depends upon what your employer employee handbook states assuming there is one. If so, read it carefully in that it sets forth your options on the subject assuming there is mention for sick leave.

If you can document being ill with a doctor's note there was no basis for the suspension. I suggest that you have a face to face meeting with your employer or human resources department as to what happened and why you were suspended. If you were truly ill and can prove it, the suspension was not warranted. I suggest that you consult with an attorney that practices labor law or a representative with the nearest labor department about your matter.


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