Guest hrn Posted September 17, 2001 Posted September 17, 2001 my hospital is implementing a PTO plan to replace the current one. Until now, minor sick leave has been accrued per pay period in the extended sick leave bank. On the employee's anniversary they could roll over the minor sick leave accumulated. In instituting the PTO program, all minor sick leave in each employees extended sick leave is not going to be rolled over into the PTO bank but will stay in the extended leave bank, converting it to extended sick leave. Access to extended sick leave is being changed from 3 days out to 5 days. We do not have a contract or any group representation. So some employees - those with anniversary dates just after implementation - are being told they will lose almost all minor sick leave accumulated for almost a whole year into extended sick leave. Extended sick leave not used by the employee at end of employment will revert to the employer. Is this legal?
Guest Cathie Posted September 17, 2001 Posted September 17, 2001 'Fraid so, most likely. There is no legal requirement that employers even provide sick time; they can certainly change their policy. They are not under obligation to provide carryover of sick time in any case. A very, very few states do consider sick time as a fringe benefit and as such, considered wages. If you are in one of those states, you might have an argument. Check with your state department of labor to be certain.
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