I was planning a trip to China, but my employer stated that I would not be allowed to return to work for 8-10 days after I got back due to the SARS scare, and they would take that time out of my sick leave. Are there legal considerations with their demand?

1 answer  |  asked Apr 12, 2003 12:38 PM [EST]  |  applies to Florida

Answers (1)

Robert Norell

It depends what you do for a living and whether or not you are exempt and salaried under the FLSA. If you are exempt, then I suppose they can "suspend" you for a period of time as long as you have sick time accrued and as long as you are receiving your full salary. For you to retain your exempt status, they would have to continue to pay your salary, even after your sick time is used up. If you are not exempt, then they could probably "suspend" you without pay, although it is morally wrong, there may be nothing legally wrong with it. You should also check your employer's policy and procedures handbook, if they have one.

It really depends on your status under the FLSA.

posted by Robert Norell  |  Apr 13, 2003 8:59 PM [EST]

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