Can my accrued vacation be used to make up for my taking too many sick hours, which I took in good faith?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my accrued vacation be used to make up for my taking too many sick hours, which I took in good faith?
At the start of the year I was told I had 135 sick hours. I had a couple of instances come up where I used most of this time. Now an audit has found that I had 67 hours at the start of the year and now my employer wants to use my accrued vacation time to make up for the difference. Do I have any recourse as I was working in good faith on the time balances provided by my employer? Do I need to give my vacation time or can they be held responsible?
Asked on November 5, 2015 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Good faith is irrevelant: if you used more sick time than you had, your employer may charge it againt other paid time off (like vacation) or could simply not pay you for those days--and if already paid for them, could require you to return or reimburse the money. The only issue is how many hours you had, not how many you thought you had.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.