Can earned sick leave be taken away?
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Can earned sick leave be taken away?
I changed positions within the SAME Municipal employer. Upon transfer, the Municipality took away nearly 400 hours of non-cashable sick leave I earned in my previous position. Is this legal? the transfer was NOT disciplinary in nature and the employer DID transfer non-cashable sick leave for other employees as recent as 2008.
Asked on November 15, 2018 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There is no inherent right to non-cashable sick leave; it is not considered a vested benefit or earned compensation because it cannot be converted to cash or money. It is simply an employer policy as to how many days you would be allowed to call out sick, and so can be changed by the employer at will. This is legal.
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