Legal Question in Employment Law in California

Accrued sick leave taken away after 23 yrs working

I have been working for a credit union in california for 23 yrs. we were told on 12-31-03 that our sick leave was going to be zeroed out on 1-1-04 and that we would be compensated a ''bonus'' of 1/10 of our hours accrued. I had 616.50 accrued sick leave hours and was planning to have a baby this year. Is this LEGAL to take away sick leave that I have earned over the last 23 yrs? Also I have not cashed that check yet. Our former employment policy stated that we could accrued up to 480 hrs of sick leave and if we had more than that we would not accrue any more sick leave until we were below the 480. Thanks for your response.


Asked on 1/25/04, 11:42 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Accrued sick leave taken away after 23 yrs working

It is unlikely the company can 'zero out' earned leave this way. You should be entitled to use or be paid for at least the 480 accrued under the written policy. Make your demand and opposition in writing, and if unsuccessful, contact an attorney to help resolve this. If all else fails, you can file a claim with the Labor Commissioner for the unpaid/unused amount being denied. You can, and should, have an attorney represent you in that proceeding. If others are in the same situation, have them join together under one attorney. Contact me if interested.

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Answered on 1/26/04, 3:55 pm


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