Does my boss have the legal authority to keep me at work if I am vomiting?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my boss have the legal authority to keep me at work if I am vomiting?
I threw up at work and my boss would not allow me to go home.
Asked on April 17, 2012 under Employment Labor Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes and no. That is, you are not a prisoner--you may leave if you like, and if you are willing to accept the consequences. You may not be held against your will.
Those consequences, however, could include discipline or even termination, unless you had sick leave to use, and used it in accordance with all rules or procedures at work; that is because employers are not obligated under law to allow employees to miss work for illness except in very limited cases (e.g. if Family and Medical Leave Act leave is available and appropriate), and so can take action against employees who do miss or leave work, unless such employees miss or leave work in accordance with the employer's own policies and benefits (sick leave) on the subject.
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.