Can I Be Penalized for Taking Too Many Sick Days?

You may be completely dedicated to your work, but personal circumstances may arise, demand to be addressed, and force you to take time away. Before doing so, you should review your employer’s sick day policy. With that being said, please continue reading to learn whether you can be penalized for taking too many sick days and how an experienced FMLA lawyer in Gloucester County, New Jersey, at The Vigilante Law Firm, P.C., can help you obtain protected leave from work when you need it the most.

How can I earn and use my sick days from my job?

Of note, in the state of New Jersey, employers of all sizes must provide their full-time, part-time, temporary, and even seasonal employees with up to 40 hours of earned sick leave per year. Sick days are usually earned by getting one hour of sick leave for every 30 hours worked. If they choose, employers may offer more hours of paid sick leave. And so, once you earn your sick days, you may use them for any one of the following reasons:

• You may take care of your personal physical or mental health issue.
• You may take care of your loved one’s physical or mental health issue.
• You may cope with the aftermath of being made the victim of domestic or sexual violence.
• You may help your loved one cope with being a victim or survivor of domestic or sexual violence.
• You may attend wellness care appointments (i.e., checkups, screenings, immunizations, counseling sessions, etc).
• You may attend your child’s mandatory school-related meetings, conferences, or events.
• You may submit to advised quarantine during an epidemic or public health emergency.

Can my employer penalize me for taking too many sick days?

Firstly, if your sick leave can be planned, your employer may be allowed to ask you for a seven-day notice. Secondly, they may ask for documentation of why or how you used your sick leave if you spent three or more consecutive days away. Even with these allowances, federal and state laws do not permit your employer to penalize you for using your earned sick leave.

Such illegal retaliation includes demoting your job title, suspending you from the workplace, reducing your hours, lowering your wages, or terminating you from your post. If you take more time off than your allotted sick days, your employer may not have to pay you during your leave. Although they still cannot punish you in any other way.

At the end of the day, you must understand that New Jersey is an at-will employment state, and you may not be protected if you take leave for longer than your earned sick leave. And so, if you require more time off, it may be in your best interest to look into FMLA leave, the New Jersey Temporary Disability Insurance program, or the New Jersey Family Leave Insurance program.

If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to one of the skilled New Jersey employment lawyers for more information. The team at The Vigilante Law Firm, P.C., will be glad to represent you in your upcoming legal case.