California Employment Law
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Were these true "sick" days or were they usable for personal time off, vacation, and things of that nature, too? I very much look forward to helping you on this matter.
Thank you for your reply. However, it does not really answer my question. My question is whether this employee was allowed to use his paid sick days for anything other than actually being sick?
Thank you. The answer to that question is important because an employer has no obligation to pay a departing employee their accrued but unused sick days UNLESS those sick days are used for all purpose leave, in which case they are not merely sick days but rather "PTO" days. The law treats PTO as a vested benefit which must be paid upon separation of employment, but it does not treat sick days in the same way.
In terms of terminating an employee under these circumstance, it is generally best to inform them verbally and in writing. The law does not require you to state a reason, but if you desire to do so you can explain that it is due to subpar performance. You need to pay all final earned wages immediately upon separation of employment. This is all that is required.
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