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Can You Force Sick Employees to Go Home?

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By Brett Snider

Sick Time Policies
In most states, companies are not required to give their employees any paid time off for sick leave. There was some movement in Congress to require companies with more than 15 employees to provide paid sick days, but the bill to make those changes is currently stuck in a Senate committee.

For employers who aren’t located in New York City, San Francisco, or other jurisdictions that require paid sick leave, there is generally no requirement to provide employees with paid sick time — even if those employees were forced to go home.

Many companies have now lumped paid vacation time and paid sick time into one category — paid time off (PTO) — which can allow a sent-home employee to be paid for that day not worked.

According to CBS News, if a non-exempt employee has exhausted his or her PTO and is sent home, an employer does not have to compensate him or her.

Even if the law is on your side, make sure your sick policy is both consistent and compassionate, as you hope that sick employees will eventually return to work.

For more information, visit www.findlaw.com.


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