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CHANGING RESIGNATION DATE/SICK TIME PAY Arizona

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  • CHANGING RESIGNATION DATE/SICK TIME PAY Arizona

    An employee has approximately 60 hours of sick time accrued with the company. He gives his resignation notice (16 days notice), and then calls in sick for his last 4 day trip (he is a pilot). The company decides instead of paying him sick time, to change his date of resignation to the date prior to him calling in sick, so that they dont have to pay him for the 4 day trip, even though he has the sick time to cover it (19 hours- he has 60 hours banked). Is this legal? If not, what should he do?

  • #2
    Yes, it is legal. The employer has no legal obligation to let him remain employed throughout his notice period, let alone not work and use sick time pay to substitute. What the employer has done is accept the employee's resignation effective with the last day worked, which they are perfectly within their rights to do. Many companies prohibit the employee from using paid time off during the notice period. After all, a notice period is a time to be used for "turning over" job duties and knowledge to someone else. Why would an employer pay someone who has already turned in their resignation to NOT do that? Sick pay is not a vested benefit in ANY state.
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