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Sick time question NC North Carolina

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  • Sick time question NC North Carolina

    I realize there is no law that companies have to provide sick or vacation time in NC. My company does provide both sick and vacation time. Can I be penalized for taking a sick day after a scheduled vacation day, or should I just be referring to a company handbook?

    Also can I be told that I can't call out sick? I've heard a couple different answers on this one. So I'm looking for any regulations that need to be adhered to when it comes to NC labor laws. So can I call out sick, with a company mandated 4 hours before a shift, and still be told that I can not call out sick? Can I be penalized for taking a sick day after being told that I could not?

    Thanks for the help!

  • #2
    Leave usage is entitrely a function of employer policy. Your employer makes the rules on when you can use leave, whether or not leave is approved, and the procedure you must use to request leave.

    The one sort of exception is if your leave falls under FMLA. In that case, they must grant the leave though you still need to follow the company policy for reporting out. http://www.dol.gov/whd/regs/compliance/whdfs28.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      There is no law that employers have to provide sick or vacation time in any state; it's not just NC.

      Can I be penalized for taking a sick day after a scheduled vacation day

      Yes, you can be penalized for taking a sick day immediately following vacation. I'll give you the benefit of the doubt and assume you were legitimately sick; that does not mean that all or even most employees who do so, so so legitimately. The odds favor an employee who calls in sick the first day due back after vacation not being legitimately sick but just looking for an extension - and the employer knows that.

      Also can I be told that I can't call out sick?


      Let's put it this way. With limited exceptions, all of them related to FMLA and the ADA and possibly workers comp, if you are fired for calling in sick it will be a legal termination. You can call out sick any time you like; but the employer is not prohibited from holding it against you, disciplining you, or even terming you, unless the sick day would be covered under a state or Federally protected medical leave.

      So can I call out sick, with a company mandated 4 hours before a shift, and still be told that I can not call out sick?

      Yes. Just because the company policy may say you have to call 4 hours before your shift, doesn't mean that as long as you call 4 hours or more before your shift you are guaranteed that day off with no possible repercussions.

      Can I be penalized for taking a sick day after being told that I could not?

      Yes. With the same qualifiers as above.

      Bottom line: In all 50 states, unless your medical condition qualifies to be protected under FMLA, the ADA, or workers comp laws (and just because a condition may be workers comp doesn't mean it's 100% guaranteed protected across the board, either), you can be disciplined up to and including termination for taking an unexcused sick day. Even if you followed company call in procedures. Even if it is not explicited spelled out in the company handbook.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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