Can sick time be used for paternity leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can sick time be used for paternity leave?
I am pretty sure there is no law
regarding this matter but that is not
my question. I sent an email to a
payroll manager and was told I could
use sick time for paternity leave. I
then send another email just confirming
the length I wanted to take and confirm
they received my fmla paperwork. She
then responded that I could not use my
sick time for paternity leave. Is there
any legal precedent for this situation?
Asked on March 1, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that PTO (i.e. vacation time, sick days, etc.) is a discretionary benefits. This means that employers are not legally required to provide it. To the extent that they do give it, they have a great deal of say over when, if and how it is used. This includes not being able to use sick days for paternity leave. That having been said, you may be able to use your vacation time for paternity leave.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Employers are not required to provide any sick leave; it is voluntary to provide it. That being the case, they may put restrictions or limitations on it, such as not using it for paternity leave. This is therefore legal. You should be able to use your vacation days for this purpose, however.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.