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  • Sick Leave Texas

    Non-exempt hourly employee has normal work schedule of 40hrs per week M-F. Employee is eligible for company policy of paid sick leave.

    Question-Employee is sick 8 hrs on Monday, works Tuesday thru Friday 8 hrs per day. Employee decides to come in on Saturday and works 8 hrs as well. Employee lists on timesheet 8 sick hours for Monday and 40 hours work Tuesday thru Saturday. What is the employer required to pay?
    1) 48 hours (8 sick hours plus 40 work hours) OR
    2) 40 hours (40 work hours Tuesday thru Saturday. Employer does not take into consideration the 8 sick hours since Monday was made up by working on Saturday)

  • #2
    Employer is only REQUIRED to pay for the hours that were actually worked (sick time is not required by law). It is up to the employer whether to pay for sick time or not. They should follow whatever their policy is.
    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
      Just to make sure I understand-
      Yes I realize an employer is not required to pay for sick leave, however employer's policy allows paid sick leave. Since it is in the policy manual, then I assume the employer must pay for 48 hours (40 hours work plus 8 hours sick leave).

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      • #4
        The employer MUST pay for time worked.

        The employer MAY pay for sick time.

        The employer SHOULD (but is not required to by law) follow his policy.

        The above presumes that the policy does not reach the level of a binding contract, which we cannot tell from here.
        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
          What wording in our personel policy manual would create a binding contract?
          How do we know whether our personel policy manual is a binding contract?

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          • #6
            You would have to have it reviewed by an attorney in your state.
            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
              Agreed on talking to an attorney in your state(s). I have read manuals that specific say that the language is not intended to be a binding contract, although my understanding that type of language falls more under the "couldn't hurt" catagory. The problem is that this is so state specific and so specific to the actual language in the manual that it is not possible to meaningfully generalize. I will say that (IMO) writing manuals, especially compensation and benefit policies is not a DIY project. At a minimum (IMO) one would want to buy a canned manual as a starting position under the assumption that a commonly used canned manual hopefully did not make too many very bad mistakes.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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