Legal Question in Business Law in Georgia

Re: Sick Days

Your rights depend on several factors.

First, If you are an employee-at-will (and you most likely are, unless you have an express contract the specifically states that your terms of employment), then the answer is probably "yes, it is legal - provided it is neither retroactive, nor applicable to your current pay period ". Absent an employment contract, your employment, and the terms of that employment, are based on a week to week (or whatever your pay-period might be) basis. Any rights you have - to rate of pay, hours of work, and leave (whether vacation, sick, personal, etc.) are only "rights" for the curent pay period, and do NOT extend beyond that pay period.

On the other hand, if your employment is based on a written contract - could be be an offer letter, or a formal contract - that states that your rate of pay, and that you are to be employed for a specific period of time (e.g., 6 months or 1 year) and states that during your employment you will be entitled to "sick leave" (and defines what "sick leave" means), then your employer may not unilaterally revoke your right to sick leave. If the employer does so, he may have exposure to a claim for breach of contract.

Jim Zito. [email protected]