Legal Question in Employment Law in Virginia

Employee's Handbook

Good Day,

This is long so I will try to be a brief as possible.

My company merged in Dec 2004 with another company. At the time of the merger we adopted the new company's benefits and handbook polices (or so I thought).

The policy that is in question is one that the new company say to use our vacation time if I have to sick time available. I have been told that my company doesn't follow that rule of thumb, but when I asked of our hand book I was told there isn't one.

Who's right here? I say I should be able to use my sick time expecially since I have been doing it for the past 2 years.

Please advise.

Thank you for your attention to this matter.


Asked on 4/17/07, 3:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Employee's Handbook

There is no requirement that Virginia employers provide their employees with either paid sick leave or vacation time unless such employees are working under a contract of employment which specifically provides for such.

If your new company's HR is telling you that you must use your accumulated vacation time for any sick leave that you need to take, and you have no contract which says otherwise, then that's what you must do in an employment at will jurisdiction such as the Commonwealth of Virginia(where employers have most of the rights and their employees far fewer).

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Answered on 4/17/07, 3:29 pm


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