Can my employer change the timeframe of when I can use my sick time?

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Can my employer change the timeframe of when I can use my sick time?

I have completed my 90 day probation period and was out due to a medical issue. I brought in my doctor’s note when I returned to work. I asked if I could use my sick time but was told that I could not until after 1 year or

employment. They told me it’s in their policy. Is that legal?

Asked on July 15, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If it was in their policy before you needed the sick time, it's legal: employers may set the rules about sick time: who gets it; how much do they get; when are you eligible for it; etc. But if that was not part of the existing policy, they cannot retroactively change it; your request for sick time is governed by the rules in place when you requested it.


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