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I have been working at my present job for my present

Customer Question
I am Michael and...

I am Michael and I have been working at my present job for my present employer for about a year. I get accrued Holliday, Vacation and sick days. fi I do not have enough time in my sick day accrul they take it automatically out of vacation or holiday. Also I am not allowed to ask for a day off with out pay, they also deplete my holiday or vacation accounts.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Is this fair in the state of GA?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No union this is all

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
3/23/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
please do
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

This is highly interesting. So, if you could clarify: if you don't have enough sick time, the employer uses your vacation time to make up for it. And, the employer doesn't let you take a day off without pay, and you're wondering if that is legal, correct?

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Customer reply replied 3 months ago
I do not have enough sick time and I am more than willing to get these days with out pay. Yes he does use the Hol, and Vac time with out my approval. Yes is this legal?
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. So, unfortunately, an employer in GA isn't required to provide people with vacation time or time off without pay. The employer can set up a policy that requires an employee to use their vacation time to cover any sick time that they do not have. I'm very sorry about that. I have actually worked for two companies myself who have done the exact same thing where sick time was to be used first and vacation time was to be used thereafter, without our consent. They also prohibited time off without pay unless expressly provided for by the employer. I'm very sorry and I wish I had better news, but I'm here to answer any other questions you may have for me regarding this.

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Customer reply replied 3 months ago
Thank you so much on this matter. I am sorry also.
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

You're welcome.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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