Legal Question in Employment Law in Pennsylvania

Re: Days off

Getting a lot of these questions lately, wonder why?

It depends. In most cases an employer is not reuired to grant any sick days to an employee. When an employee leaves a job then sick days usually are not paid out but simply revert back to the company. Though every private employer is free to set its own policy. The only stipulation would be that the employer's policy must be fairly implemented.

So, to answer your question, yes an employer can use sick days to cover days lost for whatever reason. The alternative is that the employer does not have to pay you for time that you did not work. This applies only to non-exempt (hourly) employees. Employers probably should not treat salary employees in this manner so as not to expose themselves to claims that an exempt employee was actually non-exempt.

If you are covered by an employment contract, alone or through a union, then the contract would govern and not the above description.

Regards,

Roger Traversa

email: [email protected]

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