Can he tell me that despite doing work, my work day from home is now being considered a sick day?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can he tell me that despite doing work, my work day from home is now being considered a sick day?
My employer allowed me to work from home last week for 1 day while I was sick. He wasn’t able to reach me in the morning but we did speak in the afternoon. I told him what I worked on, who I spoke to over the phone, and I CC’d him on emails. He wasn’t happy with not being able to reach me initially and didn’t think that I had enough work on my plate to warrant a work from home day, despite the fact that I actually did work. Can he tell me that despite performing my work duties, which I can prove, that my work day is now a sick day?
Asked on March 7, 2019 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Legaly, if you were allowed to work at home, and/or if you did in fact work from home, it is not a sick day. First, if they approved you to do this, you worked pursuant to an oral agreement to allow you to work at home; since you did your part (worked) they are contractually obligated to do their part (pay you as a regular work day and not require a sick day). When one party keeps its side of an agreement, the other side must, too. Second, the definition of a sick (or vacation) day is "time not worked" (https://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#9); therefore, if you work, it is not a sick day.
The above said, if your employer disagrees, even correctly, you'd have to take legal action against them--will legal action against your employer be worthwhile for one day?
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.