Getting sent home from work for being sick

HR Corner Q&A: Can I Force a Sick Employee to Go Home?

To guarantee at least partial compensation for employees who report to their job expecting to work a specified number of hours but who are deprived of that amount of work because of inadequate scheduling or lack of proper notice by the employer, the Industrial Welfare Commission Orders require that employers pay nonexempt employees, in addition to the hours the employee actually works, for certain unworked but regularly scheduled time. Do you ever watch the show COPS? If the computer problems are frequent, then it would be time to look for a new job. What should I do? It also is important to note that reporting time pay wages do not count toward overtime pay obligations since the wages are not paid for hours actually worked. But teachers and school nurses have years of practice identifying the signs and symptoms of fakers. Since you worked for one hour, you must be paid for that hour's work, and for two hours of reporting time penalty pay, for a total of 3 hours of pay.

Many employers, rather than asking someone to stay home sick and not work, are instead asking individuals to telecommute. If feasible, this is a good alternative if someone wants to work rather.

Exceptions to Show-Up Pay

In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding. Labor Commissioner's Office Reporting time pay To guarantee at least partial compensation for employees who report to their job expecting to work a specified number of hours but who are deprived of that amount of work because of inadequate scheduling or lack of proper notice by the employer, the Industrial Welfare Commission Orders require that employers pay nonexempt employees, in addition to the hours the employee actually works, for certain unworked but regularly scheduled time.

The specific requirements for reporting time pay are: If an employee is required to report to work a second time in any one workday and is furnished less than two hours of work on the second reporting, he or she must be paid for two hours at his or her regular rate of pay. When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake.

What is "reporting time pay? The provisions of the law regarding reporting time pay are as follows: Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day's work, he or she must be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay. When the employer's operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue.

When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system. When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake. You can pay your bill online.

Need to make a payment? Yes, there are a number of instances whereby an employee reports to work as scheduled and is sent home immediately, or works less than half his or her usual or scheduled day's work and is not entitled to reporting time pay. No reporting time pay is due: Today I reported to work at my scheduled start time and after working one hour of my regular eight-hour shift my employer sent me home because of lack of work.

A few hours later my employer called and said that things had picked up and told me to report to work again that same day, which I did. I then worked an 8-hour shift. Am I entitled to any additional pay? Yes, you are entitled to three hours of reporting time pay. Under the law, an employee who reports to work on time and is later sent home because of lack of work, having worked less than half of his or her regularly scheduled shift, is entitled to be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours at his or her regular rate of pay.

This provision of the law applies even though you were called back to work later that same day and worked a full shift. For this workday, your total compensation is 11 hours of compensation at your regular rate of pay, and one hour of overtime pay, calculated as follows: Yesterday after reporting to work on time and working three hours of my usual eight-hour shift, my employer sent me home claiming that my performance was unsatisfactory as I was not doing my job correctly.

Am I entitled to reporting time pay? Yes, you are entitled to one hour of reporting time pay in addition to the three hours of wages you earned for the work you performed before being sent home. Performing at a level that the employer feels is unacceptable does not fall within any of the exceptions to the employer's obligation to pay reporting time pay. Today I reported to work as scheduled and was sent home after one hour because of a bomb threat in the building.

The building was closed for the entire day and I was unable to work my regular eight-hour shift. Am I entitled to any reporting time pay? No, one of the exceptions to the reporting time pay requirement is if the workday is interrupted due to a threat to employees or property. Yesterday I reported to work at my regular time and there was no work available. I was sent home and told to report for the second shift, which I did. I worked 8 hours on the second shift. For the day, my employer paid me for 12 hours at my regular rate of pay.

Since I was paid for 12 hours, shouldn't four of those hours be at the overtime rate instead of my regular rate of pay? No, you were paid correctly. Reporting time pay is in the nature of a penalty against the employer for having you report to work expecting to work a certain number of hours, and depriving you of fulfilling that expectation because of inadequate scheduling or lack of proper notice. Reporting time pay is not compensation for services rendered or labor performed and thus, is not used in determining if overtime is due.

Since you did not work more than eight hours in the workday, no overtime is due. Yesterday I reported to work on time and was sent home after only one hour because there was not sufficient work for the entire day. Consequently, I did not work my full 6-hour shift. How much reporting time pay am I entitled to? Your employer is required to pay you two hours of reporting time pay. My wife has laryngitis at same time. The only sick pay I get is Statutory which of course only kicks in on the 4th day hence why he then wants a doctors note.

Out of respect for the other people at work you should just stay at home, i think your boss was correct in what he has done. You should still get sick pay though I would have thought. Can you not work remotely temporarily until you feel better? Worth sticking around for? Or have you resorted to Come Dine With Me re-runs? Nope — holiday is either laid down in your contract what days to take or taken at mutual convenience.

Viewing 21 posts - 1 through 21 of 21 total. Posted 6 years ago. On more dodgy ground asking for a sick note for under 7 days absence.

Sort your priorities out FFS!!! Hiya Sorry, quick look at 2 pages of Google proved inconclusive. The Southern Yeti Member.

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Sep 29,  · That's what sick days are for, staying home and getting well. You are probably likely to feel better sooner if you get some rest and take care of yourself. The quick answer: you will not be fired for being sent home rockbutton.tk: Resolved. Home Helpline Labor Law Corner Minimum Pay Requirements If Employees Sent Home Early. Helpline; Labor Law Corner; Minimum Pay Requirements If Employees Sent Home Early. By. Ellen Savage - February 3, Facebook. Twitter. Google+. Linkedin. Email. such as when he or she goes home sick. Can the boss force you to go home if you're sick? of people coming into work sick and (of course!) getting me sick, as well. wouldn't want to send home everyone who showed signs of being.