San Diego Employment Law Attorney Norman Blumenthal Explains Leave Rights to Flu Infected Employees – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on February 22, 2013

With a vicious flu season this year, every where one looked people were sneezing, coughing, and spreading nasty germs.  So the chances of not getting sick, when surrounded by so many ill people have been unlikely.  Especially among coworkers.

According to the Department of Labor, employees are either out with the flu or at home taking care of family members who have the flu.  So for many employees, the question often becomes, “if I have to stay home because of the flu, is my leave covered?”

According to San Diego Employment Law Attorney Norman Blumenthal, the answer is yes and no?

“If you’re sick, you can take days off legally, but an employee does not have to pay you,” said Blumenthal who heads the law firm of Blumenthal, Nordrehaug & Bhowmik.  “Under the Family Medical Leave Act, you’re entitled to have days off if you’re sick, for yourself or for sick care of others, but you have to have a note,” said Blumenthal.  “They can’t fire you for being sick if you have a doctor’s note.  So the easy solution is just make your sick days part of your vacation pay or your personal time off,” continued Blumenthal.  “If you come to work sick you may miss a week, you’re better off taking a day off than missing a week.”

Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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