Changing my sick time 2 vacation time

At the beginning of the year, I had 2 funerals to attend. My boss paid me for both days of attending these funerals and added it under the category of sick time on my paycheck. Now he has decided to remove that time from my sick time and take it away from my vacation time. Is

this legal? We do use a professional company as our payroll company.

Asked on September 21, 2016 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no federal law that requires an employer to offer fringe benefits of any kind (i.e. sick days, vacation time, etc.). And just a couple of states mandate that sick days be given (FL is not one of them). In other words, in most jurisdictions, paid time off is not a legal requiremnt of employment. Accordingly, a company can set the conditions of granting such time much as it sees fit. This includes changing sick time to vacation time (in the 1 or 2 states that mandate sick days, an employer could not change vacation time to sick days, but such is not the case here). The foregoing holds true so long as no form of legally actionable discrimination was involved in an employee's treatment and so long as no term of an exisiting employment contract or union agreement was violated.


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