If I arranged a day off using accrued sick time to take my husband for surgery and then 2 weeks ago I accepted another job with the last day of the 2 week period landing on the day of surgery, do they need to pay me the sick pay?

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If I arranged a day off using accrued sick time to take my husband for surgery and then 2 weeks ago I accepted another job with the last day of the 2 week period landing on the day of surgery, do they need to pay me the sick pay?

Technically that’s my last day.

Asked on October 1, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, if the last day of your notice period was the sick day, they don't need to pay it--an employer is not obligated to honor two week notice (it's a custom, not the law) and could, for example, terminate you the day before to avoid paying out the sick day.


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