Employees calling in sick have legal protections that vary by state, including paid leave laws, FMLA, ADA, and workers’ compensation. Understanding workplace policies and proper notification procedures helps ensure compliance while maintaining job security.
By Brad Nakase, Attorney
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Everyone has experienced the frustration of waking up with a sore throat, a high temperature, and the inability to move far enough to turn off their alarm. The fact that it’s a weekday adds insult to injury, as you must now decide whether or not to take a sick day.
Unfortunately, not all businesses or states provide paid sick days. So, it’s important to check with your company before taking any sick days.
Choosing how and what to say when you call in sick adds another layer of anxiety to staying home. What about the duties you’ll have to catch up on, and how will your supervisor feel about you taking a day off? You don’t need the added stress of having to call in sick while you’re trying to get well.
First things first: no federal laws mandate that businesses give sick leave to their employees. It is totally dependent on your location, though, because paid sick leave is mandated by law in several states (more on this later).
In the next section, you will find detailed information on the rights of employees regarding sick days.
To start, you need to know how to properly request time off without bothering your supervisor or causing important tasks to build up.
Just because you are required to inform your employer of your sickness does not mean you have to divulge every detail of your condition. Taking time from work due to illness should be a coordinated and quick process. Instead of keeping your employer in the dark, inform them that you’re sick and won’t be able to come in. If you are able to do so, you should also let them know when you expect to return.
Let’s say you think you have a twenty-four hour cold. You might say that you expect to be back in the office the next day. You should allow extra time when you call in sick if you think you have the flu, COVID-19, or a similar illness.
If you need a sample message or phone call format, take a look below:
Hi (supervisor/manager),
I got a fever this morning and feel really sick. I’d like to take the day off to rest and get better. Hopefully, I’ll be able to go back to work tomorrow. (Coworker) and I had a conversation about what to do while I’m out.
If I end up being out for more than a few days, I’ll be sure to bring in a doctor’s note upon my return.
Thanks,
(Your name)
All the essentials are taken care of: notifying your boss, covering your task, and giving yourself some leeway in case you don’t feel better the following day.
No one likes the idea of coming back from sick leave to dicscover a mountain of unfinished work. Your employers will also be unhappy about it as it will put them behind schedule due to your absence.
The answer?
If there is a coworker who is qualified to do your duties, you can notify them when you need to take time off. Inform them that you’re sick and won’t be able to make it to work, and that you would really appreciate it if they could complete your most important tasks.
Make it worthwhile by offering to take over their responsibilities in the event that they get sick at some point.
Just knowing that someone is going out of their way to help you with your job will give you peace of mind. Your employer will be pleased to hear that the company will not lag behind in your absence.
Asking a coworker to fill in for a complete shift rather than just a couple of tasks could be necessary in shift-based jobs.
That depends on how your company handles this kind of thing. When in doubt, continue communicating with your manager in the same way you always have.
For instance, informing your supervisor by text message about your illness is probably okay. On the flip side, if you always call your supervisor, texting might not be the best choice. It might look like you’re trying to avoid them.
It doesn’t matter which way you go as long as you follow the tips in the example above.
Your employee handbook should include further information regarding the company’s policies for sick days, paid time off, and other matters.
Telling a coworker to inform your boss that you’re unwell is the last thing you want to do. If your manager sees that you don’t trust them, they could think you’re trying to hide something. For that reason, it is recommended that you be totally honest when requesting time off and make every effort to meet with your supervisor face-to-face.
Also, know your limits and when to stay home. For example, some workers believe it would sound nicer to say that if they feel better by noon, they would come in for a half-day, but this is not required.
When you’re sick, it takes time for your body to heal and, more crucially, for you to stop spreading the disease. Therefore, it’s not worth it to be a trooper and come to work unwell since you could infect other people. There would be an even bigger drop in productivity if you did that instead of staying home.
After the COVID-19 pandemic, companies also started to be more lenient when employees called in sick. “Better safe than sorry” seems to be the prevailing attitude among most businesses.
When looking at productivity, this position makes sense. It’s in your best interest to ensure the health of your staff. If you’re an employer who can’t stand the thought of an employee calling in ill, you’re setting yourself up for catastrophe.
Prior to answering this question, you need to know about states and “at-will employment.”
In the United States, every state, with the exception of Montana, is at-will, which entails two things:
Assuming the cause is not unlawful, your employer has the right to terminate your employment at any moment and for any reason.
You are free to leave your work for any reason at any moment.
This indicates that you have the potential to lose your job if you call in sick and your supervisor takes offense to the fact that you did so. On top of that, they are under no need to disclose the specific grounds for your dismissal. Chances are, you won’t understand why you were fired.
Because of this, it is a good idea to avoid calling in sick in order to get free days off. Taking too many sick days could mean that you’re lying to get more holiday time.
When you’re unwell, you should also stay away from social media.
That’s because it’s possible to give the impression to your employer that you’re not really unwell if you phone in sick and then share photos on social media. It is advisable to refrain from using social media until you are fully recovered and able to return to work. This is true even if you uploaded pictures from when you were well.
There are some rights for sick workers, so let’s take a look at them.
Your workplace is required by law to give you paid sick leave if you live in one of these states:
If you get any kind of illness or injury while on the job, such as a back injury from a fall or a respiratory illness from toxic fumes, workers’ compensation regulations will cover it.
Therefore, while you are on sick leave, your employer cannot terminate you. In addition, they will be responsible for covering your normal income and medical expenses while you are out.
You may be eligible for protection under the Family and Medical Leave Act if you have a serious medical condition (like cancer) that causes you to be absent from work for a period of up to twelve weeks in a period of twelve months (one calendar year).
Your employer is unable to terminate you while you are on unpaid leave under this law. You can thus go back to your job.
You are eligible for protected time off under the Americans with Disabilities Act if your illness is a result of a disability.
According to the law, businesses have a responsibility to help their disabled workers carry out their jobs by making reasonable accommodations. Therefore, you can be eligible for a leave of absence under the guise of “reasonable accommodations” if your disability causes you to become unwell.
The United States Department of Labor does, however, provide three grounds for dismissal of a handicapped worker:
Therefore, the protections provided by this Act are less solid than those provided by paid sick leave states and FMLA.
As a manager or HR professional, you might be asking what makes a good sick leave policy. Here are a few guidelines to keep in mind:
If you follow these rules, you should be able to craft a sick leave policy that works for your business.
There you have it. Now you know everything you need to know about employee rights and sick days. Even though there are no federal regulations regarding sick leave, there are some state statutes and legislation that offer some form of protection.
Be forthright about how long you expect to be off sick and arrange for someone else to take care of your responsibilities when you call in sick. This is the best way to make sure you don’t fall behind or bother your boss.
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