Can I Take a Sick Day at Work When I'm Not Sick? (2024)
Quick poll: Have you ever lied about being sick when you were a kid to get out of going to school?
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OK, clearly I can’t hear your answer, but I’d take a guess that you answered yes.
But as we’ve all realized, when we enter the working world, this excuse feels just a little, well, sketchy. Not only because we’re full grown adults who know lying is bad (at least I’d hope so), but also because when we don’t show up to work, we risk more than just a slap on the wrist from our superior.
That said, sometimes you just really need to take that sick day, despite not being ill—so, what do you do instead?
When I first set out to write about this topic, my initial question was whether it was OK or not to lie about being sick (even though I know, I know, you should never lie). But as I spoke with Muse career coach and HR expert Arik Orbach, I realized that the real question was a little more complicated.
First off, there’s a difference between sick days, personal days, and vacation days—and chances are your company provides at least one of them (if not all). If that’s the case, it’s most likely those days are interchangeable, and thus you can save yourself the hassle of crafting a fake story (read this article if you’re still unsure about the difference).
Adds Orbach: “Every company differs regarding protocol. In forward-thinking or smaller companies, sick days likely are based on trust. [But] some companies may require doctor’s notes, especially if those jobs can’t be performed at home with a laptop.” When in doubt, check your employee handbook.
The second thing to consider is your justification. Are you taking time off because you don’t want to go to work? If so, that’s not a good enough excuse.
However, if you have a legitimate reason—say, you’re starting to burn out—that may warrant some time off. Says Orbach:
You should treat mental health like physical health. I recently read an article on Kim Scott’s new book, Radical Candor: Be a Kick-Ass Boss Without Losing Your Humanity, and in it, she states to ‘put your own oxygen mask on first.’ I’ve never heard that expression outside of an airplane, but it holds true in the workplace, too, and I’m a huge fan of it. In other words, it should be okay to take days off when you need them. You need to if you’re going to bring your best self to work each day.
And if you’re taking off for that reason, that it’s not so much a lie as it is a different kind of sick day.
But the other side of the sick-day coin is what Orbach points out: How does your attendance (or lack thereof) affect others? By choosing to take a sick day, you’re choosing to hand that extra work over to your team and boss.
This is why the whole lying thing just won’t turn out in your favor: “The problem is, certain employees need [sick days] more than others, so when they’re not taken as truly needed, it can create a perception of unfairness and ultimately hurt your credibility. The key here is to balance these needed ‘sick days’ with your output at work. It’s a much easier ask for those non-sick days when you’re a high performer or you’ve created trust with your manager,” he says.
In summary? Use your best judgement.
I know, probably not what you wanted to hear—but as I said above, you’re a fully-grown adult capable of making smart decisions. Just keep in mind that when you use one sick day, you take away another opportunity down the road.
Companies with time-off policies that separate sick time from vacation time may encourage the use of paid sick time when employees aren't sick. There may be a perception that they are “due” those days. If the policy allows 10 days, some employees may expect to get 10 days, no matter what.
A physical illness that leaves you unable to complete your job duties is the most acceptable reason to miss work. Mental health days and caring for sick family members can also be appropriate reasons to call in sick at some workplaces, but they may be frowned upon at others.
So why are we pressured to cave in to sick day guilt? “I believe the answer is fear of job insecurity, and blurred boundaries between work and personal life. Employees feel more obligated to work now they are at home, so they work longer hours and employers allow it,” says Marla J.
If you do not have any accrued paid sick leave and need to take time off due to your or a family member's illness, your employer could potentially discipline you for having an unexcused absence. Many employers understand that people get sick, however, and will allow you to miss additional days.
No, an employer cannot deny an employee their right to use sick leave. The California Labor Code provides "An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days[.]"
In general, no, an employer may not discipline an employee for using accrued paid sick leave. Depending on the circ*mstances, however, the issue may be more complex and may require more analysis. Nakase|Wade law firm represents companies, businesses, and employers – exclusively.
Generally, an employer cannot fire you for calling in sick. If you have experienced a change in your employment after calling in sick or taking a medical leave, it is important to seek advice from an attorney immediately. It is crucial to understand your employment contract and your employment rights.
While you can't control whether you get sick, providing a short apology can help you appear professional. An apology also shows respect for your colleagues, who may do extra work to cover your responsibilities while you're absent.
If you're experiencing chronic insomnia and you repeatedly feel unable to work because of sleepiness then it's perfectly justifiable to take sick leave. Your employer may expect you to be actively seeking treatment for you sleep problems or for the medical conditions that may be disturbing you sleep.
According to one Winnipeg psychologist, this anxiety to call in sick is likely related to social anxiety. “Many people who experience this may likely also experience other fears of letting people down or confrontation or general fear of negative evaluation,” said director of Clinic Psychology Manitoba Dr.
Can you use sick days as PTO? This depends on the policy of the employer. Under standard law, sick days are a separate, guaranteed form of PTO in California. Some employers may choose to offer sick days to be used for any reason or a hybrid of sick time and personal time falling under one PTO umbrella.
Emergency: Some urgent, non-medical reasons to call out of work may include an emergency home repair, like a flood or fire, or a death in the family. Personal: If your employer offers you personal days to use throughout the year, you can usually take them without having to give a specific reason.
The occasional fake sick day, as we said, is quite common. However, avoid it if you can. Your manager and coworkers are more perceptive than you think, and showing a pattern of deception in this area can lead them to wonder just how trustworthy you are in general.
Everyone gets ill now and again, regardless of rank or role, so don't feel bad about calling in sick to work. If you know your ability to function will be hampered by illness, or that you might pass something on to colleagues, then have no hesitation in making that professional call.
No matter what, know that your mental health is as important as your physical health. It's OK to take time off to recover from illness, injury, and any condition that affects your physical or mental health.
It is usually illegal for a California employer to terminate a worker's employment if they use sick leave they have accrued, and are entitled to use. If a worker is fired for using sick leave, they might be able to file a lawsuit for wrongful termination.
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