Can ‘my’ accumulated sick time be taken away?

UPDATED: Sep 27, 2017

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Can ‘my’ accumulated sick time be taken away?

Company bought out and new company is taking 65 of sick time already accumulated.

Asked on September 27, 2017 under Employment Labor Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The short answer is "yes":
1) If the new owner bought the assets of the old company (accounts receivable, customer list, intellectual property, equipment and/or inventory, etc.) but not the actual LLC or corporation you had previously been working for (assuming the old company was an LLC or corporation), then you are working for a new employer who happens to have purchased the name and business of the old; because you are now working for a new entity, it is not in any way bound by what the old entity had given or promised you.
2) Even if the new owner bought the old business structure or entity (LLC or corporation), sick time is not protected the same way vacation days are, since sick time is meant to be used when sick, not accumulated for the future; therefore, changes to sick leave policy and loss of sick time is generally allowed. 
There are exceptions depending on precise circumstances, but most often, this is 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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