Legal Question in Disability Law in California

Employment policy change

I was diagnosed with MS several years ago. My doctor put me on an intermittant leave, working 3 days instead of 5. My company (Macys) had a sick pay policy stating that after 25 years of service (which I have) I am entitled to unlimited sick pay. When I was first put on the intermittent leave by my doctor, they paid me 2 days a week sick pay for 1 1/2 years, and then changed the policy to a limit of 6 sick days per year and would not cover my leave days. I also am on an FLMA leave on the books, so my job status has not changed since I was put on the interm. leave. Can they change a policy like this after paying me the sick pay for so long, and then just take it away?

Thank You


Asked on 1/22/09, 8:15 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employment policy change

Just as employers can change your salary, medical benefits and other perks, upon notice, they can also change company sick pay plans, as long as it does not violate the terms of a contractual obligation, such as with a collective bargaining agreement, or not done for discriminatory reasons. If you believe the change was discriminatory, you should consult with an experienced employment law attorney in your area.

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Answered on 1/23/09, 6:32 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Employment policy change

I think you may have a very good case, where are you located?

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Answered on 1/26/09, 2:10 pm


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