My employer used my sick pay hours to pay me for hours I had already worked can they do that. W/o my permission

On one of my paycheck stubs I notice I was paid
for24 hours of sick pay even though I had
worked for those hours. I didn’t give or
neither was I asked for permission to do that.

Asked on December 10, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, they can't. If you worked, you must be paid for working, not for being out sick. And if your sick hours/time can roll over (which it would, unless the employer had a written policy to the contrary--employers may limit sick or vacation day rollover, but generally need to provide such in their policies), they can't take the days from you. You could contact the state department of labor, who may be able to help you; or you could sue ( in small claims court) for the equivalent pay.

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