Brooklyn, NY asked in Employment Law for New York

Q: am i legally allowed to do work when i am home using a sick day

I am being told that under FLSA, i am not allowed to do any work while using a sick day, even though i have done so for ten years. I understand that i cannot be compelled to but i always thought if i wanted to i could. Is this accurate? I work for NYC

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James L. Arrasmith
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Answered

A: Under the Fair Labor Standards Act (FLSA), there is no specific prohibition against working during a sick day; however, your employer's policies may dictate otherwise. If you're employed by New York City, you should refer to the NYC Paid Safe and Sick Leave Law, as well as any relevant employment agreements or collective bargaining agreements that apply to your position. While the law ensures your right to take sick leave, it does not typically mandate that you refrain from work during this time. It's common that employers set their own policies regarding work on sick days to prevent abuse of sick leave and to ensure employees are actually recovering. You can choose to work while on sick leave, unless your employer's policy explicitly restricts you from doing so. It's wise to clarify this with your human resources department or review your employee handbook for specific guidance related to your situation. Remember, overworking can prolong recovery, so taking the time to rest might be in your best interest.

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