Skip to main content

Can an employer require an employee to stay out of work or make them leave work because they are too sick to work?

Yes, an employer can tell an employee not to come to work. An employer can also require an employee to leave work if they are sick. The employee must still be paid their regular wage for the hours they were at work before the employer sent them home. If employees are asked to stay home, they may apply for unemployment insurance benefits. Employees may also be eligible for paid sick leave under a new federal law – Families First Coronavirus Response Act (FFCRA). If an employee is eligible for emergency leave under the FFCRA, an employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses emergency paid leave under the FFCRA.