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Old 12-11-2011, 03:09 PM
 
Location: California
178 posts, read 310,491 times
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My husband lost 10 days of sick leave because they said he had capped out at 30 days. Is this legal?
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Old 12-11-2011, 03:15 PM
 
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Yes, sick leave is a benefit, not an etitlement.
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Old 12-11-2011, 03:17 PM
 
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Yes. It's better to lose it than use it. It's no fun getting sick.
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Old 12-11-2011, 03:23 PM
 
Location: California
178 posts, read 310,491 times
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Quote:
Originally Posted by jasper12 View Post
Yes, sick leave is a benefit, not an etitlement.

It doesn't make since to me that you can lose sick leave. A benefit is earned, why would you lose it if not used? At my job personal days are capped, but not sick days. My employer wants you to bank as many sick days rather than use them. Using sick days causes more of an expense for the employer because they end up paying overtime to cover the unscheduled work day. Personal days are scheduled.
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Old 12-11-2011, 03:28 PM
 
18,845 posts, read 34,686,295 times
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Benefit, meaning it is at the employers discretion that you even get ANY sick leave. So it is their benefit program, they can do whatever they want with it. There is no legislation regarding mandating employer benefit plans.
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Old 12-11-2011, 03:34 PM
 
24,497 posts, read 38,375,042 times
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Just to add on to what Jasper is saying. Sick leave is awarded with stipulations that you agree to when you accept a job. There are string attached to all benefits. In this case,, benefits expire after you reach the cap.
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Old 12-11-2011, 04:11 PM
 
1,771 posts, read 6,522,178 times
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I have never heard of sick leave accrual. Vacation, yes, but I've never heard of annual accrual for sick days. Learn something new every day.
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Old 12-11-2011, 04:34 PM
 
Location: Mostly in my head
19,859 posts, read 61,517,217 times
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To the OP: did he not qualify for FMLA?
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Old 12-11-2011, 04:56 PM
 
Location: A Yankee in northeast TN
13,724 posts, read 17,338,892 times
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The company I work for caps at 30 days also. I've been losing approximately a weeks worth of sick days for years. Sometimes I wish I were the kind of person to take the days as 'mental health' days just so I wouldn't lose them. Always used to burn me when I'd get my benefits recap for the year and they wold list that $$$ as a benefit when I never used them.
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Old 12-11-2011, 05:00 PM
 
Location: California
178 posts, read 310,491 times
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Quote:
Originally Posted by SouthernBelleInUtah View Post
To the OP: did he not qualify for FMLA?
He is no longer employed by them. They cashed out his sick leave and vacation day on his departure. He never called in sick so they took 10 days out of his check because he was capped. Just curious if they followed the law on taking his sick leave away. The employer also fall under a non profit organization, which means my husband can not claim unemployment. They are exempt.
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