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Okay to withhold sick leave? Mississippi

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  • Okay to withhold sick leave? Mississippi

    On Tuesday morning, there will be flu shots available at the time clock. I usually refuse d/t a site reaction that I have had to it. I have heard (may only be hearsay) that anyone who refuses the vaccination will not be able to use sick pay if they get influenza. The policy only states that the first two days off of work d/t illness must be paid time off with sick leave starting the third day; and, after the third day, the employee must have a doctor's excuse. Is this legal and do I even have to give a reason for illness other than to have it verified that I may return to work without the risk of infecting others?

  • #2
    Employers are not legally obligated to provide sick pay in the first place so barring a bona fide contract or CBA that specifically says otherwise, the employer can use it or deny it as they see fit. I agree with you that it's unfair, but a lot of unfair things are legal.

    There are certain laws that affect sick time (not sick pay, sick time) and the employer is entitled to enough information to determine if any of them apply. So yes, they can ask you for more information than simply that you are fit to return to work.
    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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