Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Default Can You Be Required to Come to Work if You Call in Sick

    My question involves employment and labor law for the state of: Massachusetts

    I am aware that we are an "at-will" state.
    My question - After calling in sick following all the parameters to do so, can an employer, manager, boss call you into work anyway?

    Story -

    My wife calls in sick giving her manager more than an hours notice as required by Employee Handbook. The manager calls her back, she is to leave a call back number per handbook and demands she comes to work anyway.
    My wife only has a cold nothing life threatening...does an employer have the right to demand her to come back to work?
    No union sadly, they would have had protections.

    Any help would be appreciated.

    CJK

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Calling in Sick

    Yes, they can do that.

    Yes, they can fire her if she refuses.

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Calling in Sick

    Quote Quoting Dogmatique
    View Post
    Yes, they can do that.

    Yes, they can fire her if she refuses.
    Ditto that.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Calling in Sick

    Unless the illness is protected by FMLA, and from what you have posted it was not, the employer is not obligated to approve time off. Even for medical reasons.

    I think the employer is being very shortsighted. I think that by refusing to allow your wife one day off now, they may end up with several people off later as she spreads her germs.

    But they are not violating any laws or any protected rights.

  5. #5
    Join Date
    Sep 2013
    Posts
    244

    Default Re: Calling in Sick

    i've been called in with the flu ... it made for a fun day ! i lived

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Calling in Sick

    Even with a Doctor's Note....they can still make you work.

    I've worked carrying a puke bucket. I got my signage up, you would think they would have been grateful...but they were upset I asked to leave once the necessary signage was in place.....

    I've worked RETAIL with a doctor's note saying I should not work, highly contagious. I apologize to anyone who caught Strep Throat from me, but my boss ordered me into work. Complete with my bottle of Robitissun and my antibitotics in hand.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Calling in Sick

    I can see both sides of this argument actually.

    One the one hand, cbg is correct.

    But on the other hand? I'd be willing to bet that a good percentage of "I'm out sick, I have a cold" calls are nothing more than a bad case of the Mondays.

    Heck, I've done it in the past. Granted, that was in a country where "mental health days" weren't overly popular

  8. #8

    Default Re: Calling in Sick

    Not every Employer forces the employee to come to work if he is sick,Some do not get the idea of getting sick if a person has just got cold ,If its serious and you cant move yourself from your house then you can convince him about that and show them up your medical certificate.

  9. #9
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,951

    Default Re: Calling in Sick

    Quote Quoting jacobwilson8
    View Post
    Not every Employer forces the employee to come to work if he is sick,Some do not get the idea of getting sick if a person has just got cold ,If its serious and you cant move yourself from your house then you can convince him about that and show them up your medical certificate.
    OP, do not, I repeat DO NOT follow this advice!

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Calling in Sick

    Barring FMLA, a "medical certificate" has no force in law. An employer is NOT obligated to accept a doctor's note unless the employer, the employee and the medical condition all qualify for FMLA.

    1. Sponsored Links
       

Similar Threads

  1. Medical Issues: Workers Required to Call In Sick Four Hours Before Shift, How to Handle Migraines
    By Javer in forum Employment and Labor
    Replies: 19
    Last Post: 08-29-2012, 06:55 PM
  2. Medical Issues: Employer Refused to Let Employee Call In Sick
    By Sventura7911 in forum Employment and Labor
    Replies: 3
    Last Post: 07-24-2012, 08:11 AM
  3. Medical Issues: Required to Work Although Sick - Is a "No Call Out Policy" Illegal
    By tms27 in forum Employment and Labor
    Replies: 9
    Last Post: 07-26-2011, 02:20 PM
  4. Compensation and Overtime: Required to Work Although Sick and in Pain - Is a "No Call Out Policy" Illegal
    By tms27 in forum Employment and Labor
    Replies: 1
    Last Post: 06-28-2011, 09:56 AM
  5. Disabilities and Accommodation: Doctor Note Required for 2 Days Sick Time
    By janice12 in forum Employment and Labor
    Replies: 2
    Last Post: 10-07-2008, 12:34 PM
 
 
Sponsored Links

Legal Help, Information and Resources