Do I still have sick leave if I have used all my approved PTO?

UPDATED: Oct 2, 2022

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Do I still have sick leave if I have used all my approved PTO?

My company decided to combine their PTO/Sick leave policies. So if an employee were to use all of their allotted PTO hours on approved days off/vacation would that then mean they no longer have sick days left, or would the company still have to honor the 24 hours of sick leave if none was used.

Asked on October 28, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, when there is combined PTO which may be used for any purpose, there is not also separate sick leave: once the PTO is used up, you cannot take paid sick days. That's why if you have combined PTO, which gives you extra flexibility, it is important to "budget" some of it for sick days and not use it for other purposes.

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