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IL - Sick Day Question

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  • IL - Sick Day Question

    We had someone who gave her notice on the 11th, and said her last day would be the 19th. She proceeded to call in sick a couple of times during that week period, just so she could get use of her sick days. Then, on the 19th, her "last day," she came in for half an hour just to collect her things, then said she was sick and went home, even though we know she wasn't sick. Does she need to be paid a sick day for that last day? Thanks!

  • #2
    Not as far as the law is concerned. What does your company policy say?
    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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    • #3
      Full-timers get 5 sick days per year. So, as of 1/1/06, she was entitled to 5 sick days. But, can her last day of work be a paid sick day??

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      • #4
        As I said, the law does not require it. Does your company policy specify what will happen to sick time after one has given notice?
        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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        • #5
          No, it doesn't. So, if she stated her last day would be the 19th and then went home after only 40 minutes, are we required to pay her that day as a sick day?

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          • #6
            OK, I guess you're saying that we didn't have to pay her. But I know she would start trouble if we didn't.

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            • #7
              I'm assuming she's a non-exempt employee. If she is a non-exempt employee she does not have to be paid for any time she does not work.

              If she is an exempt employee, then she has to be paid the entire day for any day in which she does any work at all. You may deduct that time from her sick pay.
              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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