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NYC Sick Time Pay

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lilit

Junior Member
What is the name of your state (only U.S. law)?
My company has gone through a lot of lay-offs the last year.
I have many sick day available. I was sick yesterday and notified the office I would be staying home and i was connected throughout the day with email.
Today, I am not feeling better and am nervous to spend an entire day away from the office, so I plan to return to the office.
I am not contagious, but I don't want to appear unreliable.

If I were to miss another day...
Can it affect my unemployment benefits if they fire me and say that I missed too much work.
I am a 37.50 hr payroll employee…so not considered full time. I receive no benefits. I work the same 9-5.30 schedule as colleagues, but clock out for lunch to keep below 40hrs. I am paid by the company.


Will it affect my eligibility for unemployment if the company terminates me for missing work?

Am I eligible for Unemployment since I am not considered a "Full Time" employee?
 


HC1432

Member
What is the name of your state (only U.S. law)?
My company has gone through a lot of lay-offs the last year.
I have many sick day available. I was sick yesterday and notified the office I would be staying home and i was connected throughout the day with email.
Today, I am not feeling better and am nervous to spend an entire day away from the office, so I plan to return to the office.
I am not contagious, but I don't want to appear unreliable.

If I were to miss another day...
Can it affect my unemployment benefits if they fire me and say that I missed too much work.
I am a 37.50 hr payroll employee…so not considered full time. I receive no benefits. I work the same 9-5.30 schedule as colleagues, but clock out for lunch to keep below 40hrs. I am paid by the company.


Will it affect my eligibility for unemployment if the company terminates me for missing work?

Am I eligible for Unemployment since I am not considered a "Full Time" employee?

Far too little information to say for sure but if you have not been warned or reprimanded about your attendance issues up to this point I would say that if they fire you then you would have a pretty good chance at drawing unemployment benefits. If indeed their reason for terminating you is for attendance, they probably will have a hard time proving they had a valid misconduct reason to dismiss (which is required to deny unemployment benefits). All that assumes that you have not received warnings about this in the past and that they won't be able to prove that you were aware that failure to come in to work could lead to your termination.

You know your company better than we do so I can't speculate to how they will react if you take additional time off for illness but you may be jumping the gun here. In most circumstances, if you are too sick to work and have sick leave available, use it. If you think you can go to work then go to work.

*Please also note: based on what you described, it sounds like you just have a standard flu, cold, etc that will only last a couple of days at most. If that is the case, I highly doubt that you have any legal entitlement to leave unless a legally binding employment contract states otherwise.
 

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