Legal Question in Health Care Law in California

Sick Day compensation

I am a full-time employee on salary, with sick days and vacation included. I have been home sick for 3 days (with justifiable proof from a doctor to not work for 3 days) and my employer wants to deduct 3 days pay from my regular paycheck. The employer justifies this by saying ''if I were paid hourly, I would not be paid for my sick days.'' However, I am employed on salary, and have not been compensated for working overtime, holidays, or work I've done from home. Are they legally allowed to suddenly switch me to an hourly employee at their own comvenience?


Asked on 7/07/04, 3:50 pm

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Sick Day compensation

Your employer may have a problem. Call to discuss entire situation and I can better counsel you.

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Answered on 7/08/04, 11:38 am
Scott Linden Scott H. Linden, Esq.

Re: Sick Day compensation

The answer, without additional review, is "it depends".

From the facts as you describe them, you should have sick days that they can use for your time, why is there an issue? Additionally, vacation days are often also classified as personal days, do you have any of these available to you? Use of these would be based on the company's handbook as welll as their past performance with other employees.

Other areas you should review:

Do your sick days accrue or are they based on contract? Same for vacation days. What is your company's policy on medical leave? Is there a company handbook that discusses these issues? If you are being changed from salary to hourly, was there a written reason for this added to your employee file?

As far as no compensation for holidays, overtime and work from home, these are things that you contract for when you first create an employment agreement. Unfortunately, there are too many people who work without utilizing a written agreement who later have little recourse on these issues.

When I was an HR Director I had similar issues come up. There are ways for the company to justify the change over, but they would certainly have problems trying to retroactively enforce the change with the Department of Labor.

If you would like additional assistance or to learn a little more about employment agreements, handbooks and the like, please take a moment to review the information we provide on one of our firm's sites www.RulesofEmployment.com

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Answered on 7/07/04, 5:21 pm


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