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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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In my workplace in the state of Illinois we are offered 40

Customer Question

in my workplace in the state of Illinois we are offered 40 hours of personal time. in the work day we are required to work 12 hours 8 regular hours and 4 hours for overtime . in the work place there are employees who never work overtime and only have to use 8 hours of personal time every time if they are sick .the company is forcing employees who have overtime mandatory to use the sick time to cover their 8 hours and use personal time to cover any overtime required of them to work is this a fair practice
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

This would not seem to be a fair practice, no. But what you must understand is that just because something is unfair does not make it illegal. In fact, most unfair practices do not violate any law at all. Unfortunately, I must tell you that the practice you describe is one of them.

Employers are not required to offer any personal time or sick time at all. So, the law affords employees tremendous discretion with regard to how and when such time may be used. While it is certainly unfair to force employees who have mandatory overtime to use sick time to cover their 8 hours and then personal time to cover the overtime hours, there is nothing unlawful about this practice and so all you can do is attempt to reason with your employer that it should be changed. Beyond this and you would not typically have any recourse.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my answer? We have been having some technical issues with the site today, so please let me know if I can be of any further assistance....