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Not being alowed to use my sick days.

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  • Not being alowed to use my sick days.

    Recently I got sick with the flu that has been going around (actually I still am) & had to take a day off work. I called before my shift started to let them know & I was in the next business day. When I got my paycheck I found that it was short 8 hours of pay. When I tried to talk to the head of HR about this I was told to send an email about it. When I sent the email I got a reply saying that to get paid for sick days I have to fill out an absence request form.

    This is the first I heard of that rule. I filled one out & submitted but it was rejected. Apparently these have to be given in advance of using them instead of after you do. Is this legal or did they find a loophole? It's kind of hard to know when in advance you are going to be to sick to work.

    The head of HR doesn't like me & is demanding I prove that this isn't all right. If this is against the law I am going to need to be specific about which law is being broken. The name or a link to the right section would be greatly appreciated. Also if they still don't budge to whom & how do I report this?

  • #2
    I agree that it makes no sense for an employer to have an employee schedule sick leave.

    But there are no laws requiring employees to provide that benefit and none regulating how they let it be used.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      That's disapointing. Any suggestions on what I can do?

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      • #4
        It's something you'll have to work out internally. I completely agree that it does not make sense but they're not doing anything illegal. They don't HAVE to provide paid sick days at all.
        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
          I know they don't have to, but I do have in writing that you get 5 sick days & 10 vacation days per year. It seems odd that they would then make it impossible to use the sick days. Especially since last year I didn't have this problem when I had to take 2 days off sick.

          Thanks for the help.

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          • #6
            It sure is a procedure that makes no sense but it is legal. Have any other employees "complained" about this? Can you/you all talk to someone other than head of HR?
            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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            • #7
              I am the only person that I know of that has had this problem. I know that this was not policy last year & I haven't gotten anything either verbally or in writing that mentioned the change in policy. I suspect this the head of HR's way at getting at me. I suspect that she will claim it was just an oversight that I didn’t get a copy of the new policy or just BS & say that has always been the unwritten policy the whole time.

              The only other person I could take this up with would be the president of the company. However the head of HR is somebody that the company CANNOT get along without. So without being able to say the new policy isn't legal because it makes it impossible use my sick days I am risking my job by going to him.

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