Expert: Shirley McAllister, CPP, PHR - 7/3/2010

Question
If an employer alots an employee 5 sick days, does it matter if these days were taken in a row? I took three sick days prior to this illness which kept me out of work for the whole week. I am an exempt employee. My employer is saying that I can't use any of my sick time for the days that I was absent for this past week. This doesn not make any sense to me. If I have been absent 8 days, and I have 5 days alloted to me then techincally I should only have 3 days deducted from my upcoming check. Why is she telling me any different?

Answer
The reason is if an exempt is off for one whole week they are not paid for that week. If the exempt works any part of the week than the company has to pay for the whole week. They can pay in sick pay or vacation pay but must pay for the whole week.

Sick days and vacation days are considered fringe benefits given by the company and the company has the right to say when they may and may not be used.

Shirley