If I have sick days and call off for 1 day with a doctor’s excuse, can they take a days pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have sick days and call off for 1 day with a doctor’s excuse, can they take a days pay?
I’m a mail carrier and had a reaction to medication for psoriasis. My feet and legs swelled really bad so I went to urgent care. They told me to go to the emergency room. I went and they put me on meds that make me urinate very often and gave me an excuse to be off 1 day. My employer called me into office and stated that I was written up and will not get paid for that day although I have sick days.
Asked on May 24, 2018 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that you must be paid if you use an available sick day (or PTP). Conversely, if you don't take a sick day (or PTO), then your employer does not have to pay you for your absence. This is subject to an employment or union agreement to the contrary. That all having been ssaid, if you use a sick day but are not paid, then you hace a claim, however whether or not it's worth pursuing is up to you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you use a paid sick day for the day, you must be paid. If you do not use the day, they do not have to pay you. There is no law ever requiring employers to pay employees for days they do not work or use paid time off. So tell them you are using a sick day and you should be paid for it--if not, you legally could sue for the day's pay (though whether its worthwhile to sue for one day is a different story).
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.