PDA

View Full Version : sick pay West Virginia


gastaxi
02-05-2008, 08:04 AM
I am wondering if it is legal for a employer to take your sick days and not pay you for them. About a year ago are employer changed are sick leave policy.
the original policy was if you called in sick you got your pay for the shift after 3 days off you had to have a dr excuse to return to work.
Now the policy has changed to after the third day of being off he starts to pay you and you have to have the dr excuse to return,but the catch to all of this is that he still takes your sick day from you with no pay for the day. I guess the best way to explain this is if you are off for 5 days you will only be payed for two but 5 occurred days of sick leave is taken. Another twist to this is i work shift work and if I occurred 80hrs that week and was sick for 40hrs 40hre of sick time or 5 days is taken from my sick time with no pay from my occurred benefit.
Also we are given bereavement day in are policy it states three days given, but it is taken also from are sick time

Pattymd
02-05-2008, 08:11 AM
Assuming you are a nonexempt (generally speaking, hourly-paid employee), yes, it is legal to deduct from your sick balance, but not start actually paying it out until you have been absent X number of days. Also, it is legal to deduct bereavement days from your sick balance.

Having said that, seems almost not worth having "paid" sick pay, does it? :rolleyes:

If you are exempt, the answer may change somewhat.

cbg
02-05-2008, 08:12 AM
Nothing you have posted is illegal. There are no laws in any state that dictate to the employer how they must manage sick pay; there is no law in any state that requires an employer to provide bereavement time of any kind.

That doesn't mean that I think it is a good way to handle things, but it's not violating any laws.

West Virginia Labor Law Posters
Comply with West Virginia regulations with one Complete West Virginia Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.