Should you by law be allowed sick days?

Question

also, this job I have just started, does not allow me to leave the building at lunch time, yet I have to take my lunch unpaid. Is that correct???

I only started monday at this job, and wasnt told any of the policies. Tuesday i was working 9-6 and was going to bike home for my lunch, I was told I wasnt allowed to leave.? I did complain but she said it was rule. As for the sick days, was there a particular allowance for sick days- she said I didnt get paid for being sick unless I had a medical note from the GP

Answer 1

I assume you mean paid sick day? The answer is no. There is no legal duty for an employer to pay people while off sick. They only have to pass on statutory sick pay. I should add though that it is unusual in the UK not to pay sick pay, so if they don't, you can be sure they are not good employers.

It is unlawful to confine anyone in the workplace if there is no contractual requirement for them to be there. Technically you could claim it is unlawful imprisonment...which is a criminal matter!! In reality though, an employer has no jurisdiction on time not paid for through the contract of employment.

Answer 2

Make sure you receive your terms and conditions, it will have it in there how much holiday, sick leave etc., you are allowed. This will vary depending how long you work with the company. The majority of jobs have unpaid tea and lunch breaks, but as far as not being able to leave the building, you should ask why. I don't think they can forcibly make you stay inside.

Answer 3

No. Sick days are a benefit and should not be required by law. It is one way the companies can compete for employees, but it should not be mandatory.

Most states have mandatory break laws. New Mexico requires a minimum 1/2 hour lunch break if you work more the 6 hours straight. It does not require pay for that time, though an employer may opt to pay the employee for that time.

Many employers mandate that you cannot leave the building/premises for lunch. This is usually due to other employees leaving the premises and not being able to make it back to work on time after having lunch down the street.

Answer 4

Sick days are benefits just like vacation. Other countries have a more liberal view of this than the USA. I personally hate when employees come to work sick because they cant afford to take off and manage to spread their crud to everyone else. As to leaving the building, why arent you allowed to leave? Is there a company cafeteria or a place to eat your lunch if you bring it? If you take time away from your work to eat than you do not get paid for your lunch even if you dont leave the bldg. If you knew of these restrictions before you took the job, why did you accept it? Sounds like its time to start looking for a different job.

Answer 5

(1) SICK LEAVE

The Family and Medical Leave Act (FMLA) applies to employers who employee a minimum of 50 employees (in a 75 mile radius). It benefits employees who have been employed for at least 1 year. The employment can be part time if the employee worked a minimum of 1250 hours in the preceding year.

The leave provided by FMLA does not have to be paid. The main point is to ensure that your job is waiting for you when you return from leave. Also, certain key employees are not covered by the act.

(a) An eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during any 12-month period for any one, or more, of the following reasons:
(1) The birth of the employee's son or daughter, and to care for the newborn child;
(2) The placement with the employee of a son or daughter for adoption or foster care, and to care for the newly placed child;
(3) To care for the employee's spouse, son, daughter, or parent with a serious health condition; and,
(4) Because of a serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job.

FMLA will likely not apply if you want to stay home for a few hours or a day or so with a cold or an ordinary headache.

(2) LUNCH

As to having to stay on site for lunch, I'm afraid that's probably ok, so long as you do not have to actually do work during your lunch. The issue would come up in law suits where employees sought to be compensated for lunch periods where they were not free to go where they pleased. My recollection is that those suits fail. To get an answer to this question contact the U.S. Department of Labor. I did a quick search on their website and did not immediately come up with an answer, but I'm pretty sure I remember this correctly from research I did some time back. Just check in the blue pages of your local phone directory and give them a call.

Occasionally states have rules in addition to the federal standards. This is uncommon, but might be worth checking out, particularly if you live in a progressive or pro-labor state.

Answer 6

How cvan there be an "allowance" for sick days? If your sick phone in. You'l probably find that your enmployer may pay for a number of sick days in any one year and if you go over you're on your own. Yopu may be able to claim SSP of you're sick for an extended period.

Your employer doesn't have to pay you for lunch - you're not working are you so why should they?

Answer 7

No you shouldn't. You already get paid holiday and SSP! If you are ill and cannot attend work, then you phone in sick, but not an allowance!!!

Which country are we talking as there is no international rule on this?

Answer 8

You are able to go whereevery you want to on your lunch break. As long as you don't leave early or come back late.