Legal Question in Employment Law in California

California Employees Banked Sick Time has been taken away with no compensation and they have been given 5 Sick Days a year. Is this Legal in California?

Asked on 10/27/13, 10:07 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yes. Sick time is not the same as vacation. Vacation vests when earned. Sick time is only entitled when taken. So you only get what you are entitled to when you use it. Just as an employer can demote you and cut your pay at any time, they can eliminate unused sick time and change the accrual rules.

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Answered on 10/27/13, 10:22 pm

Kristine Karila Law Office of Kristine S. Karila

Yes, sick time can be taken away because it is to be used when sick and is not considered to be earned wages as earned vacation or PTO is.

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Answered on 10/28/13, 10:54 am

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