[NY] employer denying pay + requiring doctor’s note for 1-day sick call-out after holiday.
Hello everyone,
I am looking for guidance on whether my employer’s actions are legal under NYC / NYS labor law.
I work for a nonprofit in NYC and am currently in my probationary period (under 6 months). I am also transitioning out of this organization and will be leaving before my 6 months is completed.
Here are the relevant facts:
- I was granted January 2nd off as part of a floating holiday/special holiday policy.
- Per company policy, employees are required to make up that day by working a Saturday instead.
- On Monday, January 5th, I had to call out sick.
- HR approved sick pay for January 5th, but then retroactively removed my January 2nd holiday pay, stating:
- If an employee calls out sick the day after a holiday, a doctor’s note is required to be eligible for holiday pay.
- My absence was only one day, not 3+ consecutive days.
- HR insists this rule applies even though NYC and NYS Paid Sick Leave laws state that medical documentation cannot be required unless the absence exceeds three consecutive workdays.
- Because I’m in my probationary period, I’m also being told I cannot use accrued vacation time and evidently the remaining sick-time — even though the time is accrued and will not be paid out when I leave.
Additional context (relevant to good faith / pattern of behavior):
- This employer has repeatedly interrogated employees about taking time off
- I regularly work well beyond 35 hours salaried, often without breaks or time to eat lunch because “things need to get done”
- Despite working extra hours, I’m being denied the ability to use legally accrued sick time without unlawful conditions
- The denial of pay over this issue is honestly the last straw
My questions:
- Is it legal in NYC to require a doctor’s note for a one-day sick absence, even if it’s tied to “holiday eligibility”?
- Can an employer legally withhold pay or revoke holiday pay because an employee used protected sick leave?
- Does being in a probationary period change NYC/NYS Paid Sick Leave protections?
- Is there any legal issue with denying use of accrued vacation time that will not be paid out upon separation?
I appreciate any insight, especially from folks familiar with NYC labor law or nonprofit HR practices.
Posted Jan 8, 2026, 2:48 AM UTC
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