What to do if my job was eliminated and I still have 564.50 hours of sick time remaining but my employer will not pay me for these hours?
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What to do if my job was eliminated and I still have 564.50 hours of sick time remaining but my employer will not pay me for these hours?
I was given 1-1/2 hour notice that my job was eliminated as of that day. Next month, it would have been 20 long dedicated years that I have worked for this employer. I feel that I am entitled to be compensated for these sick hours since I worked hard to accumulate them. I was not give the chance to use them on an 1-1/2 hour notice. Is there something that I can do to get paid for these sick hours. I would greatly appreciate any help or advice you can give me.
Asked on June 11, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, the law does not require employers to pay out sick time on termination, and does not require employers to provide sufficient notice to use sick time before termination. (And note: for any employer I've worked with, you could only use sick time if actually sick, so you'd have to have had sufficient notice and have been sick for over 20 days to use this time.) Therefore, under the law, the employer does not have to pay you for or let you use this time.
If you had an employment contract or a union agreement entitling you to be paid on termination, however, such a contract or agreement would be enforceable, and you could sue for the money if not paid.
Even in the absence of a specific written agreement to this effect, if the company had an actual, demonstrable policy of paying employees for their sick time when they were terminated, you could possibly enforce the "implied" contract their demonstrable policy created. So if other employees have been paid for sick time in like circumstances, you may have a good claim for the time.
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