Legal Question in Employment Law in New York

Due to circumstances my employer decided to remove my management responsibilities. Because I did not agree with their decision and the reason they gave me I gave them a 30 day notice of my resignation. The next day (today) I called in a sick day as I was not emotionally ready to face my staff and co-workers after my resignation was announced. I received an email saying "When notice is given, it is understood that no sick days are taken. Given all the work that needs to be done to prepare for your departure, it is important that you can be here and give us your full attention."

This policy is not an our employee hand book, I do not have an employment contract, and I had never been made aware of this policy in the past. Can my employer tell me that I cannot use sick time for the duration of my employment?


Asked on 3/11/15, 6:27 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

Unless there is a policy that explicitly says otherwise, or your employer has allowed other employees to use sick time during their notice period, the answer is yes...your employer can require you to work during the notice period. Of course, you can refuse to come in but since you are in an "employment at will" state, your employer can accept your resignation now and tell you not to work through the 30 day notice period - in other words, terminate your employment immediately. I suggest that you speak with your Human Resources Department or your supervisor to see if something can be worked out so that you do not have to face your co-workers until you are ready but still do the work your employer needs to have done before your departure.

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Answered on 3/11/15, 6:39 am


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