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Ok-Ship5106

[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:

  1. 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”?
  2. Can an employer legally withhold pay or revoke holiday pay because an employee used protected sick leave?
  3. Does being in a probationary period change NYC/NYS Paid Sick Leave protections?
  4. 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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