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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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I was recently informed that the national retail employer I

Resolved Question:

I was recently informed that the national retail employer I work for changed it's sick policy. I was informed this after the fact. This change took roughly 60-80 hrs of my sick time away that I had accrued over the last 8 years that I have worked for the company. I called HR who said that the change should have been communicated to me and that there was nothing they could do. Do I have any legal recourse? I know I am not the only employee this has happened too.
Submitted: 6 years ago.
Category: Legal
Expert:  Tina replied 6 years ago.

I am sorry to hear of your difficult situation and am working on your answer now.


CA is very strict but would not typically aid you in this situation I am afraid. While the company cannot forfeit vacation days typically since those are considered earned compensation, the same is not true for sick days.

Sick days are treated differently in that they are provided only when you are ill, may be forfeited, and are not earned compensation.

Therefore, you would typically have no legal recourse against the employer for this change in policy.

Good luck and take care.

Tina

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Customer: replied 6 years ago.
When talking to HR they said that my boss was supposed to tell me about the change, but she didn't. They admit that the management failed to inform me. It just seems unfair and illegal that they do not have to tell me about the policy change. I only learned of my lost sick when I inquired about it for maternity leave. Does the fact they were supposed to inform me but didn't affect anything.
Expert:  Tina replied 6 years ago.
They should have informed you of the policy change, yes, but it does not give rise to legal recourse unfortunately.

I am sorry.
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