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I have a quick question hopefully someone can help. I put in my 2 week notice and spoke with HR about paying out my sick time. I work full time and worked over the 90 days needed to secure my benefits. HR told me that they do not pay for sick time accrued. Here is where it gets tricky, before I heard back from HR I started looking in my employee handbook and it says:
"Eligible employees in good standing who resign, give the requested amount of notice, and complete their preplanned work schedule will be paid for sick time at 100% of their current hourly rate of pay for the unused accrued sick time earned."
I informed the HR manager that I am aware this is in the handbook and she said that they haven't been paying people for a couple years now but she will talk to corporate. She also said they need to update their handbook. At the bottom of the page it even says effective July 1, 2009. I have a feeling corporate will not want to pay anything they don't have to. Do I have any rights here??
If they made a change to the corporate policy, they need to be sure that all employees are aware of it by sending an e-mail, putting a notice on the bottom of paystubs, etc. You are in the right.
"Eligible employees in good standing who resign, give the requested amount of notice, and complete their preplanned work schedule will be paid for sick time at 100% of their current hourly rate of pay for the unused accrued sick time earned."
At the bottom of the page it even says effective July 1, 2009. I have a feeling corporate will not want to pay anything they don't have to. Do I have any rights here??
Do they normally have employees sign a piece of paper stating they received a copy of the company policies and the date? If this policy is effective 7/1/09 and you resigned after that, they should pay it IMO. Watch out if they bombard you with extra work so they could disqualify you by saying you didn't "complete their preplanned work schedule". You have not been there long, right? How many days could you have accrued? 2 or 3?
Q. When does an employer have to pay final wages to a terminated employee?
A. The employer may wait until the next regular payday designated for the pay period regardless of whether the employee quit or was fired.
So, if you do get paid for it, it should be in your final checkfrom them.
I was laid off many years ago with 9 accrued vacation days and I was never paid for them. Apparently being let go during February prior to my anniversary date that June, meant that I would not receive anything. Had they waited until June to let me go, I would have been paid for all of it. Go Figure!
There aren't any Federal Laws pertaining to the payout of sick or vacation days (state laws may vary). Actually, it's commonplace for a company to pay out unused vacation because it's an accrued liability on their books, but it's rare that a company actually pays out unused sick days.
It sounds like they changed the policy but not their handbook though, so the right thing to do would be for them to pay you. Good Luck.
As annerk said, you are in the right here, but where I used to work we were told at the start that in this situation our accrued sick days won't be paid out but our accrued vacation days will be.
You might be in the right, but I doubt that you will get the money.
If the company refuses to pay you, you will need a lawyer to file a lawsuit. Paying the lawyer will cost you more than any money you may recoup in sick leave if you win.
This is one of those times where you walk away, chalk it up to getting a bad deal, and get on with life.
You might be in the right, but I doubt that you will get the money.
If the company refuses to pay you, you will need a lawyer to file a lawsuit. Paying the lawyer will cost you more than any money you may recoup in sick leave if you win.
This is one of those times where you walk away, chalk it up to getting a bad deal, and get on with life.
I disagree that you'll need a lawyer. If you've got a copy of the employee handbook, keep it offsite. After you leave and get your final paycheck, if the sick pay isn't included, write a demand letter for it, telling them that per the company handbook it is due you, and that the company never notified you in writing of a change to their policy, therefore legally no change exists. Tell them they have 10 days to cut a check, or you will file a complaint with your state department of labor.
A guy at my old job put in his 2 weeks notice and took the next 9 days off by calling in sick. His boss wasn't amused but this compnay does not pay out accrued sick days.
How many sick days are you talking about?
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