“I Took a Sick Day—Can My Employer Make Me Feel Guilty for It?”
A Real New Jersey Sick Leave Retaliation Consultation Case
Case Overview｜Everything Changed After a Sick Day
The client was an employee working for a company in New Jersey. One morning, the client developed a fever and informed the employer by text message:
“I have a fever today and will be using a sick day.”
This was a lawful and proper use of sick leave under New Jersey law.
What Triggered the Legal Concern｜The Employer’s Text Message
Shortly after, the employer responded:
“Again?
If this keeps up, you won’t last long here.”
After receiving this message, the client immediately felt uneasy.
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The client questioned whether using sick leave was a mistake
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The client hesitated to use sick leave in the future, even when sick
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The workplace atmosphere noticeably changed
In the weeks that followed:
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The client’s work schedule was reduced
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Minor mistakes were scrutinized more closely
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The client began to fear possible termination
At that point, the client contacted our firm to ask a simple but important question:
“Is this illegal?”
The Law｜Sick Leave Is a Protected Right in New Jersey
Under the New Jersey Earned Sick Leave Law, employees are entitled to:
👉 Up to 40 hours of paid sick leave per year
This leave may be used for:
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The employee’s own illness or medical condition
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Medical care for a family member
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Mental health needs, including stress, anxiety, or depression
The client’s use of sick leave was clearly a protected activity under the law.
The Key Legal Issue｜Pressure and Guilt Can Be Illegal Retaliation
The central legal question was not just the text message itself, but its effect:
👉 Did the employer’s response discourage the employee from using legally protected sick leave?
New Jersey law strictly prohibits employers from retaliating against employees for using sick leave, including:
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Making negative or threatening comments
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Creating pressure or guilt around sick leave use
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Reducing work hours or schedules
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Terminating or threatening to terminate employment
Even subtle actions—such as discouraging language—can qualify as illegal retaliation.
Consultation Outcome｜What the Client Learned
During the consultation, the client learned that:
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Using sick leave was completely lawful
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The employer’s message raised serious legal concerns
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Any continued reduction in hours or further negative treatment could strengthen a retaliation claim
The client was advised on how to:
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Preserve text messages and other evidence
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Document schedule changes or workplace pressure
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Protect their rights if retaliation continued
Final Thoughts｜Taking a Sick Day Is Not Wrong
Sick leave is not a favor from an employer.
It is a legal right guaranteed by law.
When an employer makes an employee feel threatened, guilty, or afraid for using sick leave,
the issue is no longer workplace culture—it becomes a legal matter.
You Should Consider a Consultation If:
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Your employer reacted negatively to your sick leave
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Your hours were reduced after using sick time
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You were pressured, warned, or threatened for taking time off
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You were terminated shortly after using sick leave
If you are wondering whether your situation crosses the legal line,
it may already be worth having it reviewed.
Schedule a Consultation
If you believe your employer may have violated your sick leave rights,
we invite you to contact us for a confidential consultation.
📌 Consultations are available through Kakao Channel
📞 Phone: 201-461-0031
✉ Email: mail@songlawfirm.com
Understanding your rights is the first step toward protecting them.
