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I was not paid for sick leave by my Employer even though I give them Dr note and I have sick time on the book.

Long Beach, CA |

I haven't been able to work since 2 / 16 / 13 due to severe sickness . I submitted DR note to my Employer to be use as sick time with pay since I have HRH of sick time . I just found out on Monday that they didn't coded my time card as sick time , instead they coded ATOP . When I contact payroll they cant give any rational answers other than saying that its a new policy and the system wont let me use my sick time . It doest make any sense to me so I asked her to send me a copy of the new policy and no respond as of today . I My rent and car payment are due tomorrow and I am gonna get a blank check ? Shouldn't my Employer informed me in advance ? How can an Employee who is out sick gonna be on the street ? Can I take legal action

Attorney Answers 1


I note you posted your question four days ago, so perhaps this is already resolved. It is possible you haven't received an answer to your question because it is hard to figure out what you are saying. What is HRH? What is ATOP, or do you mean AWOP (absent without pay)?

If your employer has a policy that entitles you to sick leave under your circumstances, then it should allow you to have that benefit. If there is an error in the new system, there should be a way for payroll to override that error. I suggest you be polite but persistant. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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