Legal Question in Employment Law in Virginia

If we are requiring an employee to stay home for seven days after being ill with a fever, per CDC recommendations due to the recent influenza influx, though she would have normally returned to work the next day, can we legally make her use her Paid time off accrual for that missed work?


Asked on 9/22/09, 2:46 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, particularly if the employee is working without a contract which could require you to compensate her for these extra days when she otherwise would've been at work, but in the absence of such a contract, you could require her to used her accrued sick leave since you would have no requirement under Virginia law to provide such paid sick leave in the first place.

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Answered on 9/27/09, 4:13 pm


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