Legal Question in Employment Law in California
Leaving work sick
I am curious; this past week I have had the WORST flu I have had in my life. Terrible symptoms, dizziness, headache, hot/cold on off, neck pain. I came back to work from 1 week off from a conference i was attending for my other job. I thought I could make it. I went in to work and after about an hour, I was dizzy and felt totally miserable. I asked my supervisor if I could leave and she said no; even though she was aware of how sick I was , and even said herself how pale I looked. I was under the impression that an employer can not deny an employee the right to leave if he/she is truly sick? So after work I went to the doctor and got a doctor's note, and brought it back t owork and gave it to the closing manager to give to her (my store manager) in the morning. Is this legal?
This seems to me like a complete disregard for the health and well being of this company's employees.
1 Answer from Attorneys
Re: Leaving work sick
There is an adage: "Don't ask for permission, ask for forgiveness" or words to that effect. Consider just telling the supervisor of your ill health and that your going home, rather than asking permission in the future.
With regards to your legal question, the legality of the employer's behavior depends upon several factors, including whether you have leave rights under the California Family Leave Act (CFRA) or the federal Family Medical Leave Act (FMLA). Whether you have sick leave benefits would also be a factor.
If you do not have either legal or company policy rights to take off for illness, the employer could arguably terminate you for leaving even though you are demonstrably ill. Most attorneys would advise the employer that this approach is legally risky, however.
Probably the best recourse would be to speak with your company's human resource department and just let them know of the issue. They may think it appropriate to provide supervisory training or other guidance so that the supervisors handle these requests in the fashion the company wishes.
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