Can my accrued vacation be used to make up for my taking too many sick hours, which I took in good faith?

At the start of the year I was told I had 135 sick hours. I had a couple of instances come up where I used most of this time. Now an audit has found that I had 67 hours at the start of the year and now my employer wants to use my accrued vacation time to make up for the difference. Do I have any recourse as I was working in good faith on the time balances provided by my employer? Do I need to give my vacation time or can they be held responsible?

Asked on November 5, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Good faith is irrevelant: if you used more sick time than you had, your employer may charge it againt other paid time off (like vacation) or could simply not pay you for those days--and if already paid for them, could require you to return or reimburse the money. The only issue is how many hours you had, not how many you thought you had.

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