Changing my sick time 2 vacation time

UPDATED: Sep 30, 2022

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Changing my sick time 2 vacation time

At the beginning of the year, I had 2 funerals to attend. My boss paid me for both days of attending these funerals and added it under the category of sick time on my paycheck. Now he has decided to remove that time from my sick time and take it away from my vacation time. Is

this legal? We do use a professional company as our payroll company.

Asked on September 21, 2016 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no federal law that requires an employer to offer fringe benefits of any kind (i.e. sick days, vacation time, etc.). And just a couple of states mandate that sick days be given (FL is not one of them). In other words, in most jurisdictions, paid time off is not a legal requiremnt of employment. Accordingly, a company can set the conditions of granting such time much as it sees fit. This includes changing sick time to vacation time (in the 1 or 2 states that mandate sick days, an employer could not change vacation time to sick days, but such is not the case here). The foregoing holds true so long as no form of legally actionable discrimination was involved in an employee's treatment and so long as no term of an exisiting employment contract or union agreement was violated.

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 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.

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