Am I supposed to explicitly request when paid sick leave is utilized?

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Am I supposed to explicitly request when paid sick leave is utilized?

I am an asking this as an employee. I have sick hours accrued but aren’t being utilized when I call sick. Am I supposed to explicitly request when sick time is used? Or when I don’t want it used? Or is that the job of the employer?

Asked on January 27, 2017 under Employment Labor Law, Oregon

Answers:

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

Answered 4 years ago | Contributor

Absent company policy to the contrary (or other agreement such as an employemnt or union contract), it is up to the employee to request that sick time or vacation days be used to cover their absence from the workplace. Such time is a worker's benefit, not there company's, so the employee should indicate when they want to use it (although their employer could decide otherwise).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, generally it is the *employee's* responsibility to say when to use accrued sick leave or another benefit. The sick leave is *your* benefit--it is something you earned, and is literally for your benefit. You have to tell the employer if you are using those days.


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