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California - Double docked for sick pay

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  • California - Double docked for sick pay

    I recently started a new job with a bank in California. Unfortunately I became sick during the first 90 days and missed a day. I knew I wouldnt be paid for the 8 hours I missed. However, they also took 8 hours out of my accrued sick balance for the year. My employer does an advanced accrual and gives you all your sick time for the year at the beginning of the year. My questions is, Can they double dock me? Is it legal to not only not pay for the 8 hours but also take out 8 hours from the sick pay balance? Please let me know. Thanks.

  • #2
    Are your sick days supposed to be paid?

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    • #3
      That doesn't make any sense. Either you were paid and your sick balance was docked, or you weren't paid and your sick balance isn't docked.

      Having said that, however, state laws don't regulate sick plans in the same manner in which they regulate vacation plans, so although it makes absolutely no sense, I don't see it being illegal. Have you spoken with payroll or HR about your question? Is the policy in the employee handbook?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        When I look through the books about benefits I have been given, nowhere does it state that. However, my supervisor is the one that told me it would be double docked. The sick pay is paid.

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        • #5
          OK, then if you were paid, it was proper to deduct it from your balance. I'm still confused. Maybe it would just be better to discuss this with your HR representative.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            It would be proper to deduct the sick day from the balance, however if the sick day is supposed to be PAID and she was told it was not going to be paid - why did they deduct it from her pto balance and not pay her for it?

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            • #7
              Exactly rain... They did not pay me for the day I took off so I was docked the 8 hours and they also took the 8 hours from the sick pay which is suppose to be paid. It doesnt make sense to me and it doesnt sound legal, but you said there are no particular laws against it so I guess I should just accept it.

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              • #8
                Given that there are no laws requiring that you receive paid sick days at all, I can't see anything illegal about it even though I agree with you that it doesn't make sense.
                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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                • #9
                  Talk to your HR Rep. This sounds like a glitch, not like a policy.
                  -----------------------------------------
                  98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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                  • #10
                    Yeah I agree, I'd definitely speak to someone about it. While they are not LEGALLY entitled to giving you paid time off, it doesn't seem to me like they would offer it and then make it completely useless.

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                    • #11
                      It may be that because you "just started" this new job, that even though you have paid sick leave, you are not yet allowed to use this time. But since you took it anyway, they are not paying for this time but still deducting it from your allowed time.

                      Kinda like they are saying that you can take X # of days per year without it counting against you. It may be that if you are still in an initial employment period (probation) that you are not eligilbe for PAID sick time.

                      Either way, I do agree that is stinks and that there may just be a "glitch" as was mentioned earlier. I have learned from years of being in Payroll/HR that supervisors and managers are not the best source of information for the employees. They are often told erroneous information, only to be upset when they learn the actual policy. This is esspecially true if there are different sets of rules for different sets of employees (hourly, salary, FT, PT, Union, non-union, exempt, nonexempt, etc)
                      Last edited by christamcd; 09-22-2006, 09:14 PM.

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