Do I get my sick pay if I’m let go?

UPDATED: Oct 1, 2022

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Do I get my sick pay if I’m let go?

I work at a chain pharmacy. They recently made it law that employers must provide sick pay. I have accumulated over 11 hours of such pay, which I haven’t used, but I was recently fired over a violation of policy. Am I entitled to this pay along with my final paycheck?

Asked on August 27, 2017 under Employment Labor Law, Arizona


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

Answered 5 years ago | Contributor

Under AZ law, employers may maintain policies requiring employees to forfeit accrued and unused paid leave if employees have the “reasonable expectation” that they will lose such leave at termination. In other words, upon a worker's departure, an employer is not is required to pay them for unused sick time. Accordingly, employers should maintain clear written policies informing employees about whether or not the employer pays out accrued and unused paid leave upon departing the company.

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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