Denial of Sick leave

[justaquestion89]

What is the name of your state (only U.S. law)? Maryland

I have a quick question on the use of sick leave.

Overview:I work for a private ambulance company as an ems provider. I have been at my present company for over a year. Per our company policy we earn 40.0 hours of Paid Time Off (PTO Time) after the first year. It is intended to cover sick, vacation, holiday or any other time that you need time off of work. I had to call in sick the other day because I was not feeling well. About 20 minutes later I received a text message from our general manager saying if I wanted to be off sick, Then I needed to find someone to replace me. (basically making it a swap because it would create overtime.) I am not the first person that they have done this too after talking to some of my coworkers trying to find out if this is a policy.

Question: If you are calling in sick, using your PTO Time. Is a company allowed to 1.) force you to find your own coverage for a sick occurrence ( it is not in their written policies. I checked). and 2.) Deny you sick leave because it makes them pay overtime to cover the shift.

Thanks for any information you can provide.

 

[cbg]

1.) Yes.

2.) Yes, unless FMLA applies.

 

[justaquestion89]

wow. Kinda makes it pointless to have it. They never approve any type of leave here unless its a swap. Oh well, need to work for a better company I guess.

 

[swalsh411]

Is a company allowed to 1.) force you to find your own coverage for a sick occurrence ( it is not in their written policies. I checked).

Actually the answer to this is no because an employer cannot force an employee to do anything. Slavery was outlawed some time ago. What they can do is legally terminate you for failing to find a replacement to cover your shift. (unless as already mentioned FMLA applies). If you are fired for this you should apply for unemployment immediately. Not being able to find a replacement when you is sick is not misconduct.

 

[ESteele]

Contact the Maryland Department of Labor (or equivalent state agency). While your employer could legitimately couple its sick leave to workers finding “swap” replacements, it probably cannot have a contrary, written policy which does not delineate such an unusual requirement.

IMHO, the state labor authorities in Maryland generally take a dim view on employers withholding accrued wages and benefits. It is possible the labor department may require your employer to allow employees to utilize the leave they have duly accrued consistent with the company’s written policy.

BTW, if your employer is foolish enough to terminate you for contacting the state department of labor, you would then likely have the right to sue the company for breach of public policy wrongful termination.