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Sick pay??? Florida

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  • Sick pay??? Florida

    I work(ed) for a city police department in FL. Recently after receiving a paycheck with sick time on it, I realized the city was only paying 8 hours of sick pay even though I work a 12 hour shift. I mentioned it to my HR person, and she never called me back about it. I was recently terminated (wrongfully, whole other story) and realized on my last paycheck they paid me in full my three 12 hour shifts of sick pay up until the day I was terminated (on sick leave with a doctor's note). What I'm asking is if you work a 12 hour shift and use your accrued sick time for pay, are you supposed to get 12 hours pay or only 8 hours pay?

  • #2
    That's completely up to the union (I assume you're in one) contract. Pay for nonworked time is not addressed by wage and hour law.
    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
      Sorry I forgot to add that in there...I'm not union at all. We have not had a union established yet for the dispatchers or officers at our department. As a matter of fact, the city next to ours JUST unionized less than 2 months ago, we are SO far behind. I tried to contact the HR person, but she has ignored my calls thus far. Due to a memo sent out last May, our policies and procedures have changed, but we were not given the new policies as of yet. Hey thanks for the quick response too!

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      • #4
        As stated, federal law (FLSA) is mostly a function of time actually worked and unless you are an Exempt Salaried employee (and maybe not even then), federal law does not address your situation. FL labor law (such as it is) covers minimum wage and not much else. You are not union, so no contract. What very little remains is the possibility that your employer has a hard policy that supports your position that they are violating and some court if asked will feel that this policy constitutes a contract (most policies do not).
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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