when i was fired from last employer for salary not matching performance and a non stated conduct
looking over my last pay stub they only payed out a partial of my sick time i had around 40hrs in a section
that was market balance hrs i called asking about it and they said they didnt have to pay out my sick time
but they actually did just not all of it am i entitled to remainder balance of hours?
Unlike vacation pay, employers are not required to pay unused sick time. Sick time is not typically considered an earned wage. It is merely a benefit provided by employers to pay to employees when they need to take time off for being sick. If the time is not used by the employee, during employment, it is not paid after employment.
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Normally sick time is not required to be paid out when your employment terminates. In contrast, vacation time or personal time, is considered compensation that must be paid out. Check your employee manual to see if your employer contractually agreed to pay it out.. If not, you are not entitled to have it paid out.
Unless you have an express contractual right to receive accrued sick pay upon the termination of your employment, or unless your sick pay is rolled into the same category as vacation pay, you do not have the right to be paid out any unused sick pay at the end of your employment. The fact the employer may have erroneously paid out some of that pay does not then make the employer legally responsible for paying it all out to you.
The law does not require an employer to pay accrued but unused sick pay to the employee upon termination. However, some employers roll sick pay into a broader category of paid time off called PTO so something like that. If that broader category of PTO includes vacation pay accrual, and the employer does not separately account for sick pay and vacation pay, then upon termination the employer is entitled to be paid the entire PTO accrued.
Good luck to you.
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