Should my sick time have been taken away?

Get Legal Help Today

 Secured with SHA-256 Encryption

Should my sick time have been taken away?

I quit my job about 16 months ago and returned to that same employer 5 months later. I had over 40 hours of sick time carry over but once my manager noticed, he spoke to our HR department and had them removed. Should they have been

removed?

Asked on November 22, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is certainly legal to have removed them: there is NO law or legal requirement that sick days from a prior period of employment with the same employer be carried over if you are rehired. When you leave employment, your sick days go away; the employer could have voluntarily chose to let them carry over, but was not required to.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption