I have been at my job for over 2 years I have rarely taken a full day off...I work usually between 36-38 hours a week. I just took 3 days off because I am under a doctors care and my boss told me he won't pay for my sick time because I don't work a full 40 hours a week is this right?
Answer
Right? No. Legal? almost certainly yes. Except in San Francisco (and maybe some So. Cal. municipalities I don't know about) there is no legal right to paid sick time off, even if you are a full time employee. There is no right to vacation time either. Your company legally only must pay you minimum wage, and overtime if you are non-exempt, according to the pay policies and benefits in place at the time you work for them. They cannot retroactively change the terms of employment, but they can set whatever policies they want as far as sick time, and they can change them on a going forward basis at any time. They can also take away accumulated sick time, as long as it is not after you took the time off in reliance on a paid sick leave policy, Accumulated vacation is considered earned in full when worked and must either be allowed to be taken or paid out at the end of employment with the company.
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