#EmploymentLaw #SickTimeRights #EmployeeRights
Hey everyone! 👋 Have a burning question to discuss today: Can an employer limit the amount of sick time you can use below your normal working hours? 🤔 Here’s a real-life scenario to consider:
My girlfriend, a per diem caregiver at a dementia care home, had to call in sick recently. Despite having 48 hours of sick time accrued, she was only allocated 4 hours for the day she was out. She typically works 8 hour shifts and anywhere between 32-48 hours a week depending on her school schedule.
Have you encountered a similar situation before? How did you handle it? Here are a few possible solutions we’ve brainstormed:
– Discuss the issue with HR to clarify sick time policies and any limitations 🗣️
– Consult with a labor law attorney to understand your rights and options 💼
– Consider negotiating with your employer for fair sick time usage based on your normal working hours 💬
What do you think? Any other suggestions to add to the list? Let’s chat and help each other navigate through these tricky employment situations! 💡 #Empowerment #KnowledgeIsPower
What was her schedule on the day she was sick?
Was she going to go into overtime if she worked her normal shift of 8 hours? If she was, that may explain it?
I’m not an HR expert and I’m not in CA. I am a former nurse manager and also former per diem nurse.
What is her facility’s per diem policy?
“Per diem” usually means (at least in healthcare) that the employee works on an as needed basis, with a minimum number of hours required in a given timeframe (usually pay period but sometimes week or month). Most per diem employees work more hours than the requirement, but the company only “garuntees” that the employee will be alotted the minimum of hours specified in their per diem policy. Generally a per diem employee would only be entitled to use enough sick time to cover the required or “garunteed” hours for their position, regardless of how many hours they normally work.
So if the minimum hours required to maintain a per diem a position is 8 hours per pay period and the employee has already worked 4 hours, only 4 hours sick time would be alotted, even if they were scheduled to work 8 hours the day they called out. Or, if the employee was required to work 8 hours and ended up working 8 hours that pay period even with the call off, no sick time would be given because they had already satisfied the requirement for their position.