What if I get sick and can’t work?

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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 7 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.


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