Should my sick time have been taken away?

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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 5 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.


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