Is it legal for an agency to have a policy stating that if you call out of work on a weekend you will be penalized by working the next consecutive weekend?

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Is it legal for an agency to have a policy stating that if you call out of work on a weekend you will be penalized by working the next consecutive weekend?

The policy does not make acceptance for illness even with a doctor’s note. I work in health care and feel that it is inappropriate to penalize me for using a sick day for illness and then being penalized for being ill.

Asked on August 10, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is perfectly legal. Remember: employers do not need to provide sick days at all, or otherwise allow employees to miss work for doctor's visits or illnees (except to the extent required by the Family and Medical Leave Act)--the law would permit employers to simply fire employees who miss work. Since it is voluntary on the part of employers to provide sick days, they may put terms and conditions on their use, such as making up a missed weekend day. It may not be fair, but it is legal.


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