Calling in sick: What are your rights?

You may have heard that the first case of Coronavirus hit Las Vegas earlier this week, and you may have a number of questions and concerns.

How to keep from getting exposed?

What do you do if you catch it?

And how does it affect your job?

While we can’t answer your medical questions, if you’ve been stricken with Coronavirus, the flu, or a bit of tummy trouble, you may want to know whether or not you can take time off of work to deal with it. While there is no one size fits all rule, new laws in Nevada offer some new protections for you when you’re sick.

Employer Policy

The first place to look for an answer is your employee handbook. Oftentimes your employer will have a policy about sick days. Not every employer has the same policy about time off.

Some employers give both sick days and vacation days, some offer time off that can be used for any reason. Some offer only a few days, and some offer multiple weeks. Some offer paid sick days, while some just won’t discipline you if you miss time but they also won’t pay for the missed time. Some employers are willing to work with you as long as you don’t abuse their system, and others have strict limits.

The important thing is to make sure you are familiar with your employer’s policy first and go through the employer’s procedure for taking the time off.

Federal Law

While there are many laws and regulations under federal law protecting your job for a disability or serious health condition, there are no federal protections for temporary illnesses like the flu, a cold, or a bit of tummy trouble.

For example, the Americans with Disabilities Act (“ADA”) generally only covers people with a disability, which is defined as “a physical or mental impairment which substantially limits one or more major life activities.” That may sound like a complicated definition, but basically it means that a disability can cover many conditions, and no two conditions are the same. For some people, a condition such as asthma may constitute a disability while in other people it may not. While the ADA is not designed to be a particularly high standard, it is also probably not designed to cover minor ailments like the flu or tummy trouble.

Similarly, the Family Medical Leave Act (“FMLA”) provides that an employer must offer up to twelve weeks of (unpaid) time off to deal with a serious medical condition which includes an illness, injury, impairment, or physical or mental condition that involves inpatient care (like in a hospital) or continuing treatment by a healthcare provider. Again, unless your sickness puts you in the hospital overnight, or knocks you out for more than a couple of days, you probably aren’t going to be covered under the FMLA.

Nevada Law

So let’s assume your sickness doesn’t qualify for ADA or FMLA protection, but you still can’t make it into work. Are you protected? A new law that went into effect earlier this year may mean yes.

NRS 608.0197 provides that employers with 50 or more employees are required to provide them with mandatory paid leave which accrues at a minimum rate of 0.01923 hours for each hour of work performed. So, for example, if you work forty hours per week for an entire year, you’ll accrue about 40 hours of paid leave.

There are some limitations – for example, the employer may require you to be employed for 90 days before using the leave and that you to use a minimum of four hours at a time. Importantly, however, the employer may not require you to give the reason that you need leave and may not require that you physically show up to work to prove that you’re sick.

Unfortunately, the new law only applies to employers with more than 50 employees. So what happens if your employer has fewer than 50 employees? Unfortunately, at this time, you may not be protected if you need to take time off for illness.

Whether or not you should go to work is a decision you should make with your doctor – regardless of whether or not you may be risking your job. Our suggestion is to take it easy and get healthy. Don’t risk your own health or the health of your co-workers. Most of the time, your employer will understand.

If you have questions about sick leave, disability accommodations, or FMLA rules, please give us a call.