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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18810
Experience:  Employment/Labor Law Litigation
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In the state of Tennessee is it legal employer to take

Customer Question

In the state of Tennessee is it legal for an employer to take sick time to cover overtime hours? For example, if an employee calls in sick and his department works a 10 hour shift can his employer legally take 10 hours to cover the shift if his standard work week is 40 hours?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. This is really going to depend on the company policy, because state and federal laws don't dictate how an employer uses sick leave. Employers aren't even required to have paid sick leave, so they have a lot of discretion in how it is used. If the employer's policy is that they'll use the amount of sick leave necessary to cover the shift, then the employer can certainly take those number of hours. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 8 months ago.
I'd be interested in what you believe the federal website actually means. You can post what it is that you believe says this is illegal and I can try to explain it to you, but based on decades of employment law practice this is not illegal.
Expert:  Allen M., Esq. replied 8 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.