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If someone is continually sick at work and not coming in, is there a maximum number of days they can have before they stop getting paid?

2006-10-27 04:30:56 · 17 answers · asked by Katrina T 1 in Politics & Government Law & Ethics

17 answers

They are entitled to whatever their employer says they are entitled to.

2006-10-27 04:33:09 · answer #1 · answered by Klawed Klawson 5 · 0 0

If they have been with their company for a year, they can go to HR and request FMLA (Family Medical Leave Act). You aren't paid for this time, but your job is held for you upon your return.

As far as how many days you are entitled to, well thats up to your company. Some places don't even offer sick time, so if your job offers it, just take what you can get and be appreciative.

Also, instead of calling out sick, use the vacation time. That way you can still get paid in the event that you run out of sick time, you will have other time to use.

Good luck and feel better!

2006-10-27 04:37:28 · answer #2 · answered by Uh-May-Zing 5 · 0 0

It all depends, by law you have some sick days, depending on the laws of your state, usually its around 16. If you have an illness you can solicit Human Resources at your company a number of licences. One that is very popular is FMLA, which gives you 12 weeks to use for appointments and days that when you are not feeling good because of that specific condition you can add those days to that license. There is also a licence that you can be out of you work for only one year and that is paid.

2006-10-27 04:40:26 · answer #3 · answered by Anonymous · 0 0

Most employers pay full salary during sickness for a period that is determined by your length of service. This could then drop to half pay if the period is exceeded, and then ultimately lead to dismissal (based on being unfit to work). However the law gives you a lesser amount for sick pay, and some small employers will not pay you whilst you are sick, and expect you to claim sick pay from the DWP - see the webpage below (1). As others have said, you will need to check your contract of employment - even if you have no formal contract, you still have a legal right to a written statement of employment particulars (2), which include sickness and holiday arangements, and you should have them already. You didn't state the basis of your pay (e.g. annual salary, weekly wage, hourly rate), but the deduction of 13 hours (36-23) seems odd, and not linked to anything obvious. I hope this helps.

2016-05-22 00:47:40 · answer #4 · answered by Jaime 4 · 0 0

Yes.

Well, first, the number of paid sick days depends on what benefits are for the company and the job he or she has. Some companies put a limit on the number of consecutive days missed (meaning if I had the flu, I could get paid for three days, but after the fourth day, it was unpaid leave). Some also have a requirement of days missed before getting paid (to keep people from the company my husband works for from using sick time as vacation time, they don't get paid sick time until AFTER two sick days).

Legally, the FMLA (Family Medical Leave Act) allows for a person to have an UNPAID leave of absence for health problems for themselves or their family. This also goes into maternity/paternity leaves for birth parents and adoptive parents, and for people needing a leave of absence to care for aging parents. It is, however, unpaid, and basically it states that a person must be allowed to come back to work, I think at the same rate as before the leave.

If someone has ongoing sickness and is unable to do their job, they may need to quit working and go on disability.

If you're talking about someone who just calls in twice a week "sick", I doubt they are paid for all those days. There are some companies who take into account certain issues and allow you to "buy" sick time from the following year (if it's a sickness that will take a while to heal, but the person will get over; if they don't return to work or are unable to work through that time, they get docked pay or charged for the paid time off). Also, working extra hours (through lunches, saturdays, coming in early, staying late) or working from home are sometimes considerations given to people with particular health problems (about a year ago, I had doctors appointments about three times a week, with various specialists, and missed a lot of work; my employer allowed me to work late and to do what I could from home).

2006-10-27 07:42:34 · answer #5 · answered by CrazyChick 7 · 0 0

People aren't "entitled" to sick days. It is a perk from the company and just about every company's policy varies in the number of days they give as sick days.

2006-10-27 04:34:11 · answer #6 · answered by Zelda 6 · 0 0

In the U.S., most states are "employement at will" which means you can fire someone for any reason other than the protected reasons (race, religion, age, handicap) etc. So, one option is to just fire the person.

As far as not paying the person, that is a sticky situation. One, what is your EE handbook policy? You are required by law to follow that policy or an EE could sue you if you deviate to his or her detriment.

Best deterent is to have a stipulation in your EE handbook -- a policy that states that you are entitled to x number of call-outs then subseqent ones are unpaid.

2006-10-27 04:40:26 · answer #7 · answered by Anonymous · 0 0

In the UK your company decides if they are willing to pay you sick days, but the cannot sack you for being off sick unless you are incapable of doing your job, or within a probationary period, and even then they are on sticky ground. After 3 consecutive days you are entitled to SSP from the government but you only continue to get this if you are signed off sick by a Dr past day 5 (that's working day 5, not inc days off). I worked for a company who had someone on their books even though she had been receiving SSP for 3 years! they had no real grounds to sack her so she stayed but the company do not pay SSP so its no skin off their nose.

2006-10-27 04:46:37 · answer #8 · answered by Anonymous · 0 0

It's based solely on the company policy. There are no sick days required by law.

2006-10-27 04:33:04 · answer #9 · answered by MEL T 7 · 1 0

We have PTO days, how many you have depends on the # of years with the company, after we use that up we dont get paid.

2006-10-27 04:36:45 · answer #10 · answered by Anonymous · 0 0

are you in canada or the usa. it depends on the laws and country in the usa you get fmla if you qualify for up to 12 weeks plus vacation and sick days. in canada the leave time can be longer.

2006-10-27 04:32:53 · answer #11 · answered by CCC 6 · 0 0

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