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 7 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.


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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