Can an employee do that?

[TomSanders]

What is the name of your state (only U.S. law)? California

Can an employee work on a day and also claim sick leave hours on the same day?

For example, he has already worked the 8 hours for today and got paid. Can he also use 8 hours of sick leave hours for today?

Or sick leave hours can only be used on a day that he is absent from work due to medical reason?

Thank you.

 

[tranquility]

You will have to describe things more, including your contract for sick leave. (Or, is it just according to the statute?)

Why does the employee feel they can work 8 hours and also claim sick leave for 8 hours in the same day?

 

[TomSanders]

You will have to describe things more, including your contract for sick leave. (Or, is it just according to the statute?)

Why does the employee feel they can work 8 hours and also claim sick leave for 8 hours in the same day?

There is no sick leave contract. So I am thinking it can only be determined according to the statute. What does the statute say about a situation like this?

As for why the employee feel she can do that, we do not know either. That's why we want to find out if she is allowed by law to do that first before we decide to confront her.

 

[eerelations]

Sounds like the employee worked all day while feeling ill and therefore feels that he should be paid regular pay for the hours he worked + sick pay for the hours he worked while feeling ill. Which sounds a heckuva lot like double-dipping to me!

It's my understanding that CA's sick pay laws are intended to provide employees with a wage replacement for work time they lost due to illness. Since this employee:

1. didn't lose any wages for working on this day, and
2. didn't lose any work time on this day;

he is therefore not legally entitled to any sick pay for this day.

 

[commentator]

But I suspect that this person is asking about another person, either a co worker or someone he employs. So it comes down to, the company will decide. If it's not you and its not your company, you let them decide what to tell this other person. If they wanted to, they could pay him double for the day. It's not illegal to do so.

 

[TomSanders]

But I suspect that this person is asking about another person, either a co worker or someone he employs. So it comes down to, the company will decide. If it's not you and its not your company, you let them decide what to tell this other person. If they wanted to, they could pay him double for the day. It's not illegal to do so.

Thank you eerelations and commentator for your reply.

Yes, it is about an employee. And we would like to refuse to pay the Sick Leave hours if we can make the choice.

So if we decide not to allow the Sick Leave hours, can we base it on the reasons given by eerelations in post #4?

We just want to make sure we are have the statute or the applicable law on our side before we confront him to disallow the Sick Hours on that day.

 

[Zigner]

Thank you eerelations and commentator for your reply.

Yes, it is about an employee. And we would like to refuse to pay the Sick Leave hours if we can make the choice.

So if we decide not to allow the Sick Leave hours, can we base it on the reasons given by eerelations in post #4?

We just want to make sure we are have the statute or the applicable law on our side before we confront him to disallow the Sick Hours on that day.

Just say no...really. Why get in to a debate?

 

[cbg]

There are no circumstances whatsoever, even in California, where an employee is entitled by law to by paid twice for the same hours. If he worked those hours he is entitled to pay for them; if he was out sick, he is entitled to sick time for them. But not even in California is there any situation where the law requires him to be paid both.

I'm not even altogether sure you could pay him for both, though I haven't studied the CA statute in great detail, because that could conceivably leave him with a shortage of paid sick time in future when he DIDN'T work the hours and needs them to be made whole.

It's not a good idea and you're not required to do it. You're not required to give him a reason, either; as Zig said, just say no.