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Can a company make you take an extra sick day and not pay you for it?

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Can a company make you take an extra sick day and not pay you for it?

My company says if I want to use a paid sick pay, I must take 2 days off. In return they pay me for one day and they do not pay me for the other day. Is this legal?

Asked on April 1, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal if you have sick days which you accrued or earned by working. Earned sick days are part of your compensation: the employer must honor them, since to not honor them is to deny you compensation your worked for. So if you have an earned sick day, that covers a day's absence: you don't need to use two days for one day out of work. And if you used two sick days, you must be paid for both. If the employer is "overcharging" you for sick days, try contacting the state department of labor--they may be able to help. If they don't (i.e. they feel this particular matter does not fall under their ambit), you could sue your employer for the value of the sick days you used but were not paid for.


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