Can I be charge a full days sick leave even though I worked part of the day?

UPDATED: Sep 30, 2022

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Can I be charge a full days sick leave even though I worked part of the day?

Non Exempt Employee. I worked 6 out of 8 hours, asked to leave 2 hours early as my child came home from school sick. Was told I had to use 8 hours of sick leave for the entire day. Can they do that?

Asked on July 21, 2016 under Employment Labor Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Most employment is "at will". This means that an employer can set the conditions of work much as it sees fit; this inlcudes the use of sick time or other PTO. The fact is that such time is typiclly not mandated to be given under the law. Therefore, to the extent that a company chooses to provide it, it has a great deal of say in over when and wyy it is taken. Accordingly, unless your employer's action violated a union agreement or employment contract or constitutes some form of legally actionable discrimination, it was legal.

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 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.

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