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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2156
Experience:  Practicing Attorney with 10 years experience
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I work at a small credit union for 26 + years - have months

Customer Question

I work at a small credit union for 26 + years - have months of sick leave just have never needed to use it much, but recenlty had total knee replacement. Our office is open 5 days a week for 6 hours - about 9 months ago the manager asked if I would like to take Tues and Thurs off, but be available to work those days if needed. Since there are only 3 employees I often work a Tues or Thurs, but was glad to have that option. (Note I have not signed any contract to that effect) and 99% of the sick leave was earned while working 5 days a week. When I filled out my time sheet end of Oct, and I have been working a few hours as needed, I put sick leave for 5 days a week, 6 hours a day, minus the hours I worked. She informed I could only have sick leave for the 20 hours required to work for benfits. I feel I have earned the sick leave, and now when I need it, I feel I should get for the days I am down with knee surgery.
My question is can I expect the 30 hours a week benfit that I earned over the past 26 years. Just a note when I retire I will loose the sick leave because of policy, and I am good with that because that is policy, but there is no policy saying I cannot get the 30 hours a week when I am off work sick
Thanks Trudy
Submitted: 9 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 9 months ago.
once earned the sick leave cannot be taken away. A change in policy should only apply prospectively not retroactively.
Expert:  Asad Rahman replied 9 months ago.

Let me know if you have any additional questions otherwise a positive rating of 5 stars would be greatly appreciated.