What if I get sick and can’t work?

Get Legal Help Today

 Secured with SHA-256 Encryption

What if I get sick and can’t work?

I’ve fainted a couple of times, once while driving but pulled over and shut the car off when I felt faint. I went to see a cardiologist and she sent a

Asked on November 7, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can always "request" to work from home--anyone can request anything--but your employer is NOT required to let you work from home: they are allowed to insist that you work where you were hired to work and were working--in the office. If you have PTO which you earned or accrued, you can use that and you can't be terminated until it is used up and you still don't return; and/or if you are eligible for, and your company covered by, the Family and Medical Leave Act--
1) You have worked there at least a year, and worked at least 1,250 hours in the past year; and
2) Your employer employess at least 50 employees within a 75-mile radius
--then you may be able to use 12 weeks of unpaid FMLA leave, and could not be terminated until you have exceeded that leave and cannot return.
But if you don't have PTO and cannot use FMLA leave, or you do, but then use it all up and still don't return, you can be terminated, since an employer is not required to let you work offsite when you had an onsite job.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption