When you call out sick can an employer ask you to come into work to prove that you are sick?

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When you call out sick can an employer ask you to come into work to prove that you are sick?

Part of our sick policy is that if you are sick you should still come into work to prove that you are sick. I know that if you are sick for 3 days in a row you can be asked to bring a doctors note. However, they are asking us to come into work so our managers can evaluate if we are actually sick or not.

Asked on October 10, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is legal, because the law does not set a sick policy or even require that employers have one--that is, employers are free to not allow you call out sick ever, unless you have and use sick days (i.e. earn sick days) for the purpose or are covered by, eligible for, and use FMLA leave or the equivalent state medical leave (if you state has medical leave). Since they don't have to have a sick policy at all, if they choose to have one, they are free to set its terms and conditions--including coming in to show or prove that you are sick.


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