Is it legal for the employer to force you to make up for the weekend days you called in sick?

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Is it legal for the employer to force you to make up for the weekend days you called in sick?

I went to the doctor on Thursday and the doctor gave me a doctor’s note that says
rest until Monday. I called our manager and informed her, and sent the doctor’s
note via e-mail. The following Monday, the manager notified me that I have to
work the coming weekend to make up for the sick days, PER COMPANY POLICY.

My schedule for the weekwhen I’m back to work is Tuesday and Friday.
Thereforeshe told me, I have to work TuesdaY, Friday, Saturday. I’m also
scheduled to work Sunday, Monday, and Tuesday for the following week. I work
12hrs per day, therefore I will work 5 days straight of 12hr days.

Asked on July 19, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is perfectly legal:
1) Employers have complete discretion to schedule the days that employees work, and can add to, change, etc. those days at will.
2) There is no law against working any number of days in a row.
3) There is no law saying that a medical excuse means you don't have to make up time.
So yes, your employer may do this.


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