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If I call in not feeling well and say I need the day off,

If I call in...

If I call in not feeling well and say I need the day off, can my employer tell me no?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

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Answered in 3 minutes by:
7/17/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,538
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The real question, I think, is whether you can be disciplined or fired for calling in sick. The answer to that question depends on a few things. If your employer has 50 employees or more, you have been working there for at least 1 year, and your illness qualifies as a "serious health condition" (defined as a condition requiring in patient hospital care or repeated doctors visits, and generally excludes colds and flues) you are likely eligible for FMLA protected job leave, which means that your employer would be prohibited from taking any adverse employment action against you because you missed work. But if the FMLA does not apply, the only remaining legal protection is that afforded through the Americans With Disabilities Act, which would require your employer to "reasonably accommodate" any absence caused by a medical disability.

If the FMLA does not apply and your condition is not a disability, calling in sick because you are not feeling well is not legally protected, which means that your employer can say "no," or more accurately, that they can discipline or even terminate your employment if you don't show up to work.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,538
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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