The start of a new job often includes a 90-day probationary period. This introductory phase creates anxiety for new employees who feel pressure to demonstrate unwavering commitment and reliability. While taking time off for illness is sometimes unavoidable, navigating a sick day during this initial evaluation requires careful consideration of both professional perception and legal rights. Understanding the expectations and boundaries of this trial period is key to making an informed decision about calling in sick.
What Defines the Probationary Period?
A probationary period is an extended assessment designed by the employer to evaluate a new hire’s suitability for the role. Employers use this 90-day window as a final, practical interview to confirm performance capabilities, work ethic, and alignment with the company culture. It provides a structured mechanism for managers to observe a new employee’s productivity and reliability under real-world conditions.
This introductory phase often dictates when company benefits become active, as many organizations delay vacation accrual, health insurance, or retirement eligibility until after the 90-day mark. The primary function remains performance evaluation, which is why attendance and dependability are closely monitored metrics. Employers retain significant flexibility during this time to decide if the new hire is a good fit, underscoring the importance of minimizing any negative perceptions.
The Direct Answer: Taking Sick Leave
You can and should call in sick when genuinely ill, especially if you are contagious. Showing up to work with a communicable illness, such as the flu or a stomach virus, is detrimental to the productivity and health of the entire workplace. A responsible employer prefers an employee stay home rather than risk infecting the team and causing a larger outbreak of illness.
The occasional sick day for a sudden, acute illness is a normal part of life and should not automatically lead to termination. Employees should reserve this time for true necessity, strictly avoiding the use of sick days for elective personal errands or appointments. The goal is to appear reliable and committed, recognizing when an absence is necessary for health and safety.
Understanding Mandated Sick Leave Laws
The right to sick leave is frequently protected by state and local laws, which can override a company’s internal probationary policies. While federal laws like the Family and Medical Leave Act (FMLA) are generally unavailable to new hires, many jurisdictions have enacted mandatory paid sick leave laws that apply immediately upon employment. These laws often require employees to begin accruing sick time from their very first day on the job, regardless of their probationary status.
For example, states like California, New York, and Massachusetts, along with numerous local municipalities, mandate paid sick leave accrual, typically at a rate of one hour for every 30 to 40 hours worked. Some laws allow employers to “front-load” a set number of hours at the beginning of the year. The entitlement to use the time is often immediate or available after a short waiting period. The existence of these laws means that an employer cannot legally deny an employee the right to use their accrued sick time, even during the trial period.
These regulations define the acceptable reasons for using sick time, which commonly include the employee’s own illness, injury, or preventative medical care, as well as caring for a family member. These laws grant the entitlement to take the time off and ensure it is paid, but they do not eliminate the employer’s right to evaluate overall attendance. The professional risk of absence remains a separate issue from the legal protection.
Professional Best Practices for Calling In
When a sick day is unavoidable, the manner of communication significantly influences a manager’s perception. The best practice is to notify the appropriate person, usually a direct manager, as soon as possible, ideally before the start of the workday.
A professional communication should be brief and focus on the necessary absence and steps taken to minimize disruption. Over-explaining or providing a lengthy list of symptoms can sound like an excuse. This concise and transparent approach helps solidify your image as a reliable employee.
Communication Best Practices
- Notify your manager immediately before the workday begins.
- State clearly that you are unwell and unavailable for the day.
- Proactively mitigate the impact by asking about urgent tasks that need reassignment.
- Mention that you will briefly check email for true emergencies, setting a clear boundary while showing commitment.
The Real Risk of At-Will Employment
The most significant vulnerability for a new employee during the probationary period is the legal doctrine of at-will employment, standard in most U.S. states. This doctrine means that an employer can terminate an employee for any reason, or no reason at all, provided the reason is not illegal or discriminatory. The probationary period emphasizes the employer’s broad discretion to evaluate job fit.
Even if a sick day is protected by a state’s paid sick leave law, the employer retains the right to terminate the employee for non-discriminatory reasons. An employer cannot legally fire someone for using mandated sick time, but they can terminate an employee based on a pattern of poor reliability, overall attendance issues, or a perceived lack of commitment. The challenge lies in the distinction between a legally protected absence and the employer’s subjective evaluation of performance and dependability.
Frequent or poorly communicated absences can lead the employer to conclude the employee is not a reliable long-term fit, which is a lawful reason for termination. This places the burden on the employee to demonstrate that their absence is a necessity and not a reflection of poor work habits.
Handling Extended or Frequent Absences
When an illness requires more than a single day off or leads to multiple sick days early in the tenure, the situation demands an honest and immediate conversation with the manager. Major federal protections for extended leave, such as FMLA, require an employee to have worked for the company for at least 12 months and a minimum of 1,250 hours, automatically excluding new hires in the first 90 days. The Americans with Disabilities Act (ADA) may require reasonable accommodations, including leave, but this generally applies to employees with a qualifying disability.
Since these long-term protections are largely unavailable, the employee should communicate the serious nature of the illness and provide medical documentation if requested. Maintaining an open and professional dialogue about the expected duration of the absence is important. Transparency and providing documentation shows commitment, even if the employer ultimately decides the extended absence demonstrates an inability to perform the job.