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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I work in WA state for a term care facility as a nurse. Hire

Customer Question

I work in WA state for a long term care facility as a nurse. Hire date was 10/8/15. I have been full time since that date. Full time employees earn vacation and sick leave. On 9/21/16 papers were filed with corporate office changing me to part-time, this was my request and agreed on with my manager, as it helped out both the unit I was working and my schedule. I had 16 hours of sick time listed on my pay stub for pay period 9/21/16 to 10/4/16. I had taken two sick days 10/2 and 10/3 but was told since I had gone part-time I no longer had sick time. These hours were earned when I was full time. Money was also taken out of this check for employee paid dental, vision and life/disability but now they say that has been cancelled as well. While I don't have an issue with it being cancelled I do have issue with them taking payment for it. Valerie Uptagrafft
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hi Valerie,

I am sorry for these frustrations. In regard to sick pay, no law in Washington requires employers to offer sick pay of any kind and so employers are generally free to determine how and when such time is earned, used and accrued. This most likely means that employers may take earned time away in accordance with a change in job classification to part time if part time employees are not eligible for paid sick leave.

Regarding insurance, if you were no longer covered then your employer definitely should not have been taking money out of your check for premiums that were never paid. What you would want to do is call the health insurance company and as when the policy was cancelled. If the policy was indeed cancelled and you were not covered for any period of time for which premiums were deducted from your check, that would be improper and you would have the right to be reimbursed for that money. However, if you were covered during the period of time that money was deducted for premiums, that would be proper and there would be no claim. The first step is figuring out what your actual coverage period is.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....