Is an employee required to pay me an accrued ‘sick pay balance’ after being terminated?

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Is an employee required to pay me an accrued ‘sick pay balance’ after being terminated?

I was recently terminated from my part-time job for which I was paid hourly. Once I sign their ‘Separation Agreement, I will be given 5 weeks severance pay plus any unused vacation hours from the previous year. I would not be paid any for any sick time I might earn this year, which is understandable. However, I have about 192 hours accrued in a ‘sick bank’ that I have earned over the 11 1/2 years I have been employed. I would have been able to use in case of a medical emergency. At the time of my termination, I asked the HR person if I would be entitled to that sick bank. She said she didn’t know but would check. I’ve not heard from her on this but I would like to get some legal advice before contacting her.
Thank you for any advice.
Evelyn Greene
lehnartz17yahoo.com

Asked on January 24, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no general right to be paid out for unused sick leave on termination of employment. Sick leave is different from vacation days: sick leave is intended for a specific purpose, to allow the employee to take time off from work while sick. If you are no longer working, you do not need sick leave from that job; hence, the law does not provide any right to used sick leave, unless you have a contract, union agreement, or at least a written policy from the employer (e.g. in an employment manual) guarantying you payment for unused sick leave on termination. If you do have this, you could enforce the terms of such agreement, etc. with a "breach of contract" lawsuit if necessary.


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