Legal Question in Employment Law in California

My employer is forcing me to stay home because I am still contagious with strep throat; however, I am willing to come into work and my company does NOT offer sick time so this is counting as my vacation. I only have 10 days of vacation a year (sick days included within this), and being epileptic, I have not gotten ONE vacation day and have used all of my 10 days sick or hospitalized. Can my employer legally force me to stay home although I am willing to work and then deduct my vacation days? This does not seem right to me and if this is illegal, I certainly would want to hire a lawyer.


Asked on 4/19/10, 10:51 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

So you wish to go into work where the following will likely occur: everyone near you will be afraid of catching the strep virus, work productive will decrease because everyone will alter their normal procedures in order to avoid you, you might pass the disease onto another employee who will lose their vacation pay/time, anyone who is overly sensitive/suggestive might feel they are coming down with the disease, you will make yourself physically worst and can not do a full days work because of the disease symptoms, etc. Your employer is absolutely right and your are inconsiderate of your fellow workers.

Read more
Answered on 4/24/10, 11:33 pm
Terry A. Nelson Nelson & Lawless

Yes, they can. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. The other employees have the 'right' to a 'safe' workplace to minimize risk of injury from you. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation. The employee's goal should be to keep the employer happy.

Read more
Answered on 4/26/10, 11:28 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California