How many sick hours should I be provided regarding my change from salary to hourly?

UPDATED: Sep 30, 2022

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How many sick hours should I be provided regarding my change from salary to hourly?

Starting December 1st the company I work for reclassified all salaried employees to hourly. Company policy states that sick leave is accrued in full on January 1st of each year. While I was salary, we operated on comp time so there is no way to prove that I took any sick leave while salary, as the time was covered by extra hours worked. That being said, they are now trying to say we receive 1/12th of the sick leave or 4.66 hours for the month of December. Should we not have received more?

Asked on December 6, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no law requiring sick leave or stating how it amy be accrued: companies are free to not have sick leave at all, or if they have it, to set how employees earn it, at what rate. Further, they can change rate of accrual, how many hours or days employees get per year, carry over of hours (whether its allowed, and, if so, how many), etc. at any time, for any reason. Therefore, it is perfectly legal to have the total annual number of hours accrued incrementally per year, 1/12th every month.

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