What are my rights if my sick time is set up in 4 hour increments?
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What are my rights if my sick time is set up in 4 hour increments?
I work for a school corporation as a custodian. We were recently switched from hourly/salary to straight hourly. Our sick time system is set up to only be taken in 4 hour increments. Our pay is paid by the quarter hour. The system works fine when you take your time off in 4 hour increments. However, what about when you can’t do it on a 4 hour increment? Lets say I work 6 hours of my scheduled 8 and an emergency comes up. I am forced to take 4 hours of sick time to cover the 2 hours I miss. So since I worked 6 hours and had to take 4 hours of sick time, shouldn’t I be paid for 10 hours that day?
Asked on June 8, 2014 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you are hourly, you have to be paid for all hours actually worked--so if you worked 6 hours before having an emergency, you have to be paid for six hours of work. If they will only pay out sick time on 4 hours increments (even when less than 4 hours are used), they would then end up paying you for 10 hours. Note that none of it would be at overtime rates--overtime is only when you actually *work* enough hours, not when you are paid on some other (e.g. vacation or sick leave) basis.
What they can do is force you to use at least 4 hours of sick leave no matter how little you need--so even if you only needed an hour for a doctor's visit, they can force you to use 4 hours.
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