Can I be denied the use of paid sick time-off?
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Can I be denied the use of paid sick time-off?
I put in my notice of resignation for 03/01and was sick and did not work on 02/28 and 02/29. I had accrued a
little over 6 hours of Sick PTO and wanted to apply it to one of those days but was told I couldn’t because it
was my final paycheck?
Asked on February 28, 2019 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If it is in your final paycheck, then you have no right to also use it: you can't be double paid for those days (e.g. get paid for not working and get it in your final check as compenstion for unused PTO time).
Also, there is not 100% right to use sick leave: an employer may deny it if there is legitimate reason or suspicion that the employee is NOT sick, since sick leave is not like vacation: you can't use it for any purpose at all, but can only use it when sick or you need to visit a doctor. Trying to use sick leave the last two days of employment is highly suspicious: the employer would also likely be justified in denying those days on the grounds you were not sick, but simply did not want to come in.
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