Is it legal for an employer to tell you that you can’t come to work if your kids are sick?
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Is it legal for an employer to tell you that you can’t come to work if your kids are sick?
Someone told my employer that my kids have whooping cough. I told them they don’t and they are requesting documentation. I don’t have a problem giving them this cause they don’t have it. He also told me that if they are sick not to come in. I work taking care of an elderly woman.
Asked on January 23, 2013 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The fact is that this is not an illegal action on the part of the employer. In an "at will" work relationship, an employer can set the terms and conditions much as it sees fit. This includes dicating hours worked and time off.
Unless in this specific situation the terms of an employment contact, union agreement or company policy was violated or this action was the direct result of some form of actionable discrimination, no laws were breached.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country it is not illegal for one's employer to advise his or her employee to not come to work if the employee's children are sick. However, ordinarily it is not the employer's business to get involved in an employee's personal business.
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