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When you have a severe cold, bronchitis or the flu, do you typically:

Stay home until you're well.

Stay home for a day or two.

Tough it out at work.


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Female Facts

Ah-choo!

Few have escaped cold/flu season unscathed. What makes this season unique is that too many are succumbing to the temptation to tough it out and “bravely” head to work despite body aches and chills, theorizing in their fevered brains that a sick presence is better than none at all.

We understand…those of you who have been retained (while colleagues have been pink-slipped) suffer frequently from both guilt and fear. You show up at work feeling obligated to do so, guilty that you are employed when others aren't. You fear your superiors might discover they can get along without you.

Fear also stems with your being unfamiliar with your rights and/or obligations with respect to time off. Increasingly, rules regarding time off can be tricky for both management and employee alike. Often confusing is what an employer must legally provide in terms of paid time off vs. unpaid time off vs. no time off. We’re going to walk you through some time-off generalizations everyone should understand.

You may be surprised that the federal Fair Labor Standards Act provides for wage compensation but provides very little when it comes to time off from work. In most cases, policies are set by the organization you work for. In smaller firms, these often depend on the business, the economy, and the employees themselves. But—take heart—time off is what your company offers to attract/retain the most desirable workers—including YOU!

What’s not covered by federal law? Pay raises, night/weekend work, exempt employees, jury duty (87% of employers, however, do pay for jury duty, and some states require employers to do so), funeral leave, sick leave, vacations, holidays, and time not worked. That just about covers the gamut, right?

So you, the single parent with the achy body (thank you for sneezing into your elbow) are worried because no federal law and few state laws allow you to you stay home and spare the rest of us from your misery. And on top of that, your five-year-old seems to be coming down with it. It's okay. Stay home...you’re protected by the Family Medical Leave Act. At one time, the FMLA excluded the flu, but now it covers it. You’re allowed you up to 12 weeks unpaid leave for certain medical situations for you and immediate family, flu included. Follow the link for specifics.

When it comes to holidays and vacations, employers decide what is fair. Government offices usually count ten holidays per calendar year: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, and Christmas, but—yes, we hear you—you’ve never gotten off for President’s Day, Columbus Day, or Veteran’s Day. That’s because there’s no standard for determining how many holidays to allot, even if the holiday is designated a legal one by Congress’s standards.

Religious holidays are different in that you can’t be prevented from observing holy days that are part of your religious practices and beliefs. Employers have several options when it comes to religious celebrations, holidays, and vacations that include using floater holidays, personal days, or vacation time for religious holidays. Increasingly, they are finding flexible paid plans preferable and accommodate variables like religious holidays and vacation time. Flexible plans accrue according to your tenure and level of responsibility within an organization, just as your vacation time does. With a flexible plan, you receive a predetermined set of paid days off to use at your discretion in whatever way you choose—sick pay, personal time, etc.

We hope that clears up the surface confusion, but the links give more in-depth information. Keep in mind that no employer wants you infecting others or having your condition worsen by showing up when you’re legitimately ill, so please use common sense and if your condition warrants it, stay home!

Last week’s poll:  Here are the results—McDonald’s vs. Starbucks…the winner is Starbucks (55%) over McDonald’s (45%).

Sources: Salary.com. http://www.salary.com/ United States Department of Labor. https://www.dol.gov/dol/topic/benefits-leave/sickleave.htm

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