Told to stay home from work

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Told to stay home from work

I am a non-exempt manager. This morning, I texted my boss to advise my child had a very high fever and I will be late to work. I wanted to stay with her until her fever went down. My boss told me to stay home because he did not was me to get anyone sick. I explained that I am not the one who is sick. My daughter is sick and I will be about 2 hours late. I was again told to stay home. I do not have any available PTO or sick days. Do they have to pay me for today?

Asked on January 18, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

I'm afraid that uness this action violates the terms of an employment contract or union agreement, it is legal. Basically, most work arrangements are "at will", which means that a company can set the conditions of employment much as it sees fit. This includes when to tell an employee to take off without pay. Bottom line unless you have PTO or vacation time to cover your absence, you have no right to be paid, even if you were out at the direction of your company.

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

Answered 3 years ago | Contributor

I'm afraid that uness this action violates the terms of an employment contract or union agreement, it is legal. Basically, most work arrangements are "at will", which means that a company can set the conditions of employment much as it sees fit. This includes when to tell an employee to take off without pay. Bottom line unless you have PTO or vacation time to cover your absence, you have no right to be paid, even if you were out at the direction of your company.


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