Typically, an employer cannot require an employee to show proof of illness for taking PTO, since an employee doesn’t have to be sick to use these vacation days.
If your employer has a paid time off (PTO) system, you can most likely use your PTO for any purpose. To understand which questions your employer may legally ask you, first differentiate between sick days and vacation days. Most employee handbooks will have more in-depth details about the sick leave process at a specific place of employment. There is no federal or state law prohibiting an employer from asking certain questions when an employee calls in sick. To learn more about employee rights, speak to an Orange County workers’ compensation lawyer today.Įmployers often ask the details of the illness and how long the employee expects to be out. Learning what your boss can and cannot ask in these situations will help you protect your rights and prevent unfair employer retaliation. Yet many employers ask pointed and often very personal questions about the illness, making employees feel that they have to prove their sickness.
Taking a sick day is often the best solution to getting well and preventing a widespread virus outbreak at work. Sickness may not only render an employee unable to perform his or her job, but it may also be contagious and liable to spread to other employees. Taking a sick day is a common request when employees come down with a cold, the flu, or another illness.
Calling in sick at work – whether you’re actually sick or not – is your right as an employee.
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