It’s a small company with 4 employees. The company distributes an annual handbook each year detailing how much sick – personal – vacation time is being offered. It also describes the paid holiday schedule.
If an employee is out 3 days in a row the employer asked that the employee not return to work until they have a doctors note stating they are healthy enough to work and not contagious.
Currently for 2010 every employee has 5 sick days and 3 personal days that can be used any way the employees choose. Unused time is forfeited, employees are not paid for un-used time and it does not roll over to the next year. Time doesn’t accumulate year to year.
Without fail every employee uses all the sick and personal time. The Employer isn’t bothered by this at all. The time off is willing granted and the employer would prefer a sick employee just stay home.
Often employees come to work complaining that they have a fever or have been throwing up. The employer then asks that the sick employee go home to get better.
The employees who have used all their sick time want to be paid arguing that despite being sick they showed up to work and only left because they were asked to. They feel that because they were asked to leave they are then entitled to a full day’s pay.
Does an employer have the right to ask a sick employee to go home in Massachusetts?
If an employee is sent home because they are sick should they be paid even if they do not have any remaining sick time?