M THE DAILY INSIGHT
// updates

Can an employer force you to cover a shift?

By Matthew Perez

The Fair Labor Standards Act mandates working hours, but only as they relate to the threshold for overtime pay. The FLSA doesn’t establish limits on working hours for most jobs, which means your employer can require you to work another shift at any time and for any reason, including when your co-worker calls in sick.

Do I have to find someone to cover my shift if I call in sick?

Nope. If you’re too sick to work, you’re too sick to work – that includes coming in to work or having to find another staff member to cover your shift. Can my employer fire me for taking sick leave?

There is no law specifically preventing an employer from doing this. Therefore an employer can force you to do this, as long as forcing you to do it does not contravene any law. If the employer holds a gun to your head and tells you to do the shift or else he’ll kill you, this would amount to a crime.

Is it my responsibility to find someone to cover my shift if Im sick?

If you’re a manager, that’s your job, it’s not the job of the employee to try and find someone to cover if they call in sick.

Is it illegal to make an employee work when sick?

Right to sick leave without being ‘punished’ Provided that sufficient proof of illness is provided to your employer and your employer is informed as soon as practicable of your intention to take sick leave, you cannot be forced to work from home whilst on sick leave.

Can I be forced to work when sick?

Again, there are no set rules about how much your employer can ask you to work while you are on sick leave, it is all about what is reasonable. For a short absence, it might be reasonable to ask an employee to answer queries about their work that other employees are covering for them, for example.

What if I can’t get my shift covered?

Call AND text your Manager or Direct Report Immediately: Whether or not you’ve found a replacement, as soon as you realize you won’t be able to work, give your boss a heads up. Let your boss know you are actively searching for a cover and will hopefully be able to cover your shift.

Can a company ask you to work while on sick leave?

What are the rules for sending a sick employee home?

Thank you for the question. There is a section of this article that addresses your question:

What are my rights to sick pay at work?

In most cases, your contract of employment will spell out what your rights are to company sick pay, and over what period. There is no absolute entitlement to company sick pay, as this will be in your employer’s discretion. You may be entitled to Statutory Sick Pay (“SSP”), regardless of what is in your contract of employment.

Is it illegal for an employer to change an employee’s time sheet?

While falsification of an employee’s time sheet can be a serious offense, it isn’t illegal for a supervisor or employer to change an employee’s time sheet –as long as it reflects the correct hours that were worked. In most cases, you aren’t even required by law to inform the employee of the changes.