Unpaid Sick Leave

[katiemc]

What is the name of your state? Ohio

Myself and some co-workers were terminated from ours jobs after many years of being with the company. One of my co-workers had 12 sick days left she had not used. The company did pay us thru the end of the week and paid us our vacation time we had left. Do they have to pay for accrued sick time as well?

Also they did not provide any COBRA information. When we called them the next day they said there was no paperwork and that they did it all over the phone and if we wanted to continue our insurance for the following month we would have to send them (the company that fired us) a check. I always thought they had to provide us with paperwork for the cobra rights, that spelled everything out and gave us a premium amount?

One more thing, in my review last year, I was granted a third week of vacation by one of the owners. When I brought it up this year on my anniversary date, the manager said she did not know anything about it. So I went to the owner and he said oh yeah I remember (and so does the lady who was doing payroll at the time). Well then when I had my review this year they told me it was never in writing even though the owner said he did give it to me last year and told the other owner and office manager this. Well then they said they would discuss it and get back to me. Well they never did and when I kept asking about they would put it off. Then 2 weeks before my termination one of the owners stopped me in the hallway and said since we gave it to you we cant take it back. Well then of course when I was terminated I asked if I would be paid for that week as well and was laughed at. Needless to say when I got my final pay they did not pay me for that week. Do I have any legal action on that? The co-worker who also was aware of the vacation is still employed there. The problem we have is the owners are real estate lawyers who think they know it all!!

 

[Beth3]

Do they have to pay for accrued sick time as well? No.

I always thought they had to provide us with paperwork for the cobra rights, that spelled everything out and gave us a premium amount? You are correct. They must provide you with written COBRA notice within 44 days of the day your insurance ends, provided there are 20 or more employees working at this company. If there are less, they don't have to offer COBRA continuation at all unless Ohio has a similar continuation law with a lower threshhold.

Needless to say when I got my final pay they did not pay me for that week. Do I have any legal action on that? Ohio reg's do not address the issue of vacation pay upon separation. In other words, Ohio employers don't have to pay terminating employees for unused vacation at all. So no, there is no legal action you can take.

 

[cbg]

1. Few if any states require the payout of sick time, barring a company policy specifying that they will do so. Sick time is made available for one reason and one reason only; to provide the employee with some income protection in case of illness. If you are not sick, you do not get to use the sick time. It is not considered wages and is not an entitlement.

2.) Assuming that your employer has more than 20 employees, you are correct that they have to notify you of your right to COBRA and the premium amount. However, as Beth points out, they do not have to provide that information on the last day of work. They have up to 44 days to provide that information. From the time you get the notice, you have 60 days to elect COBRA; from the time you elect COBRA, you have 45 days to send them the check. They MAY legally cancel your coverage until they actually have your check in their hand; at that time they must reinstate it retroactive to the day of cancellation. Your first check must also be retroactive to the day of cancellation.

If they have less than 20 employees, they have no obligation under Federal law to provide converage continuation. However, IF you were covered continuously for the three months prior to the cancellation, then under Ohio law you are entitled to up to six months continuation of your health benefits. They need not provide continuation of supplemental benefits such as dental or vision coverage. They are required to notify you of the right to continued coverage and you have 31 days to make your election. See Ohio Rev. Code Ann. 1751.53, 1751.01(B).

3.) I checked four different sources, including the Ohio state Department of Labor website, and can find nothing to indicate that you were owed any vacation time at all under the law. Since they didn't have to pay you the vacation time you did get, they don't have to pay you the extra week.