Is it legal for an employer to tell you that you can’t come to work if your kids are sick?

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Is it legal for an employer to tell you that you can’t come to work if your kids are sick?

Someone told my employer that my kids have whooping cough. I told them they don’t and they are requesting documentation. I don’t have a problem giving them this cause they don’t have it. He also told me that if they are sick not to come in. I work taking care of an elderly woman.

Asked on January 23, 2013 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that this is not an illegal action on the part of the employer. In an "at will" work relationship, an employer can set the terms and conditions much as it sees fit. This includes dicating hours worked and time off.

Unless in this specific situation the terms of an employment contact, union agreement or company policy was violated or this action was the direct result of some form of actionable discrimination, no laws were breached.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country it is not illegal for one's employer to advise his or her employee to not come to work if the employee's children are sick. However, ordinarily it is not the employer's business to get involved in an employee's personal business.


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.

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