Q: Can my employer deny sick time and punish me for taking it?
My sister is a remote employee in NY and today she was given a final warning for a "no call no show". Her job automatically considers employees a no call no show if they are more than 15 minutes late without warning. She was just over the 15 minute mark by 2 minutes and explained she was stuck in heavy traffic and couldn't use her phone. Despite working the rest of the day, she was still a no call no show. This happened one other time this January - again, just late, but never missed the whole day. She never calls out otherwise and rarely takes time off or is late. Anyhow, today she was given a final warning that states she cannot take any unplanned time off until 1/22/24 and that she can't receive a Q4 bonus. If she calls out for let's say, being sick, she can be fired. In the past, she has worked with a bucket next to her to vomit as needed because she had no more sick time left and if you call out without sick time, you are written up. Is she allowed to be punished for sick time?
A: In New York, employers are required by law to provide sick leave to employees. The specifics can vary depending on the size and location of the employer, but employees are typically entitled to use accrued sick leave for certain health-related absences without fear of retaliation. If your sister’s employer is denying her the use of accrued sick leave or is punishing her for taking such leave, this may violate New York's labor laws, including the New York State Paid Sick Leave Law. It would be advisable for your sister to document all instances of denied sick leave and any related disciplinary action, and to consult with an attorney or reach out to the New York State Department of Labor to understand her rights and potential remedies in this situation.
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