Can my employer take away an accrued benifit such as sick leave?

UPDATED: Sep 29, 2022

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Can my employer take away an accrued benifit such as sick leave?

Change in policy a year ago they paid us for 50% of accrued sick time and stuck the rest in a “bank” that can be used while we are employeed (with restrictions) but has no value at retirement as it would have had previous to change. Again this was sick leave already earned ($20k value).

Asked on November 13, 2015 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless you had a written employment contract covering sick leave (if you did, you can enforce it terms on your employer), they can do this: without a contract, they can  change policy at will, and without a contraact, would not have even been obligated to pay out sick leave on retirement in any event.

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