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Paying accrued sick time on resignation: common practice? Florida

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  • Paying accrued sick time on resignation: common practice? Florida

    We're a tiny Florida biz (mom-n-pop, 3 employees) and this is the first time we've had anyone resign. She asked about payment for accrued vacation and sick days.

    We've prided ourselves on being good employers even through this super rough time, so we're really not trying to be cheap (even though my husband and I haven't taken a paycheck in two full years).

    But if paying accrued sick time is not customary, we will pay only the vacation. Can anyone advise as to "normal" practice? Thank you so much!

  • #2
    NO state requires the payment of accrued sick time and Florida doesn't for vacation either.

    It is VERY uncommon for the former, much more common for the latter, even in states where the law doesn't require it. Personally, I can see the logic for not paying out accrued sick pay, after all, it's theoretically only for illness and injury. But, IMHO, the employee-friendly thing to do is pay out vacation; after all, they earned it by working.

    I suggest you write (or amend, if necessary), your vacation policy. If you've paid it out in the past, and you don't to this employee, she might have a civil case (just saying).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I don't know of any employers that pay out unused sick time when an employee leaves. There may be some (although I don't know why they would want to do this) but they'd definitely be in the minority. No State requires the payout of paid sick time upon termination.

      Florida does not require the payout of unused vacation upon separation, although I think it's generally a good practice unless an employee is terminated for misconduct. Not paying out vacation time often encourages employees who are voluntarily resigning to schedule all their vacation and then call the employer on the last day of vacation and say "I quit" so they can be assured of having been paid for the time they feel they earned. Then the employer is left in the lurch with no advance notice and time to hire a replacement and/or make arrangements for someone else to do the work.

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      • #4
        Good point, Beth.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          When I retired, I was paid for unused sick time - had enough to buy a car with money left over.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            You were the exception to prove the rule, Betty.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Private or public sector, Betty?

              From my further reading tonight, it appears that this practice is nearly universal in public sector, nearly unheard of in private.

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              • #8
                Private - major ins. co.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  True, I've been in the public sector and it's much more common there, to at least some extent.

                  OP, for such a small business, I applaud you for providing vacation and sick at all. A very high majority of small businesses don't.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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