How many sick hours should I be provided regarding my change from salary to hourly?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How many sick hours should I be provided regarding my change from salary to hourly?

Starting December 1st the company I work for reclassified all salaried employees to hourly. Company policy states that sick leave is accrued in full on January 1st of each year. While I was salary, we operated on comp time so there is no way to prove that I took any sick leave while salary, as the time was covered by extra hours worked. That being said, they are now trying to say we receive 1/12th of the sick leave or 4.66 hours for the month of December. Should we not have received more?

Asked on December 6, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no law requiring sick leave or stating how it amy be accrued: companies are free to not have sick leave at all, or if they have it, to set how employees earn it, at what rate. Further, they can change rate of accrual, how many hours or days employees get per year, carry over of hours (whether its allowed, and, if so, how many), etc. at any time, for any reason. Therefore, it is perfectly legal to have the total annual number of hours accrued incrementally per year, 1/12th every month.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption