Can an employer take away sick days

UPDATED: Sep 30, 2022

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Can an employer take away sick days

I was informed that I was paid for too many sick days last year so they took my 5
days from me that loaded on my 2 year anniversary. I had no idea. Why did mgmt
continue paying me when I had according to them now gone over the 40 hours given
to me.

Can the employer take those sick days from me?
Thank You

Asked on April 3, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you used more days in year one than you had, they could use days from year two to cover the shortfall; so say that you were out sick 10 days in 2016 when you had 5 sick days. If they paid you for all 10 days by mistake, they could now take 5 of your 2017 days to compensate. You are not actually losing anything in this example: If they had essentially "pulled forward" your 2017 days for 2016 but you were out for 5 more days than you had sick days, you would have lost 5 days of pay last year; instead, you were paid for those days then, but don't have sick time available now.

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