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Question: Employment and Labor - Florida

Asked on 11/6/2009

Do employers have the right to not offer sick leave with pay?

I am with a New company that has been open for about 6 months. We just received 5 vacation days. They are saying that we have no paid sick leave allowed and we are not going to be able to accrue any paid sick leave, Even after the 1st year. Only paid time allowed is 3.25 hours every pay period (twice a month) for vacation after another 6 months. Is this legal? I always thought after you worked for a company for at least a year, you could begin to accrue paid sick leave?


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Answers (1):

SJZ, Member in Good Standing of the New York Bar


Unfortuanately, sick leave--or indeed any leave policies (including vacation days, PTO, comp days, personal days, etc.)--is entirely at company discretion. There is no legal obligation to provide paid sick leave. Certainly, paid sick days are customary and the norm, but they are not actually required.

You acrue (according to what you wrote) around 1 day every month of vacation time. Possibly you might check whether that time may also be used as sick days, should you need them.



  • Answered on 11/6/2009
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