Legal Question in Employment Law in California

integrating sick time & disability payments?

I am a non exempt employee and work at a non-profit agency.

I was out from work for less than a month due to a medical situation. Following my employer's policy manual, I completed the state disability paperwork required for employees who are away more than the determined amount of consecutive days for medical reasons. Although I had to fill out disability paperwork, I also had to use my sick time for the entire duration of my time out since the timesheets had to be submitted on a set schedule before the disability paperwork could be completed.

I received two disability payments from the state. My employer said that they would integrate the disability payments with the sick time I had to report for the duration of my time off. I was told that I would then get some of the sick time back (I don't know how that amount is calculated).

I was wondering whether my employer is obligated to return this sick time to me within a certain amount of time or is it at their convenience?

Thank you for any information you can provide.


Asked on 4/15/05, 11:57 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: integrating sick time & disability payments?

Unless it is bargained for, such as in a collective bargaining agreement, sick time is a benefit employers voluntarily offer employees. It is not required to be given, by law. Therefore, the only rules that may regulate its implementation are the company's own policies. Since we don't know what those policies, if any, are, it is impossible to answer your question.

This is something you will have to work out with the Human Resource manager of your employer.

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Answered on 4/19/05, 5:07 pm


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