Can my employer take my vacation and use it as sick pay when sick pay is exhausted? Nebraska.

UPDATED: Jun 20, 2018

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Can my employer take my vacation and use it as sick pay when sick pay is exhausted? Nebraska.

When sick pay is exhausted can my employer take my vacation in place of sick pay? The employee handbook says, ‘If an employee has exhausted his/her sick pay upon written request employees can use vacation as sick pay’. My employer takes vacation without a written request

Asked on June 20, 2018 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, based on what you write, they can't use your vacation pay as sick pay since you did not request that--BUT;
1) They could terminate you for missing work when you did not use paid time off to cover the absence--there is no legal requirement to let employees miss work without using paid time off for the absence; and/or
2) Clearly, they do not have to pay you if you missed work but did not have paid time off, so the only way to be paid would be to use paid time off. 
Since having some vacation days used to get pay is at least as good as not being paid, and is certainly better than being terminated, you may not wish to make an issue out of this.

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