South Jersey Employment Lawyers: Can I Be Fired for Taking a Personal Day?September 27, 2016
An article recently published by The New York Post tells of an employee whose boss threatened to fire him when he found out that he had taken a personal day to play golf. Employees take time off for a variety of reasons, but are there certain rules that apply to what an employee can and cannot do on a personal day? South Jersey employment lawyers explore this issue.
The Answer is in the Contract
Leave under FMLA or military leave are federally mandated and set in stone; however, when it comes to leave for other reasons, individuals can always look into the terminology used in their employee contracts or employee handbooks. Anything labeled as a sick day can typically only be used for medical purposes, whereas personal or vacation days are used recreationally. Should an employee take a “sick day” for anything other than medical care or recuperation, and the employer finds out, then the employee may be subject to disciplinary action. When it comes to taking a sick day, providing a doctor’s note or any other means of documentation can help to clear up any suspicion.
Paid Time Off
To avoid confusion over what constitutes as a sick day or a personal day, many employers have simply combined the two into paid time off (PTO). PTO allows employees to take a day off for any reason. However, employees should still adhere to their company’s “timeline” when it comes to suggesting PTO. Naturally, PTO for one sick day may not adhere to this, but time off for a week-long vacation is something that should be given well in advance.
Despite the idea behind paid time off, many employers continue to disapprove when they find out what their employees did with their day. Retaliation is not uncommon, but employers should also be aware of their rights lest they face a wrongful termination suit.
South Jersey Employment Lawyers at Sidney L. Gold & Associates, P.C. Represent Employees in Wrongful Termination Suits
If you or someone you love has been wrongfully terminated, contact Sidney L. Gold & Associates, P.C. Our South Jersey employment lawyers have a successful track record when it comes to fighting for the rights of workers who have been wrongfully terminated. Call us at 215-569-1999 or contact us online to schedule your complimentary consultation.