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Sick Leave - Am I being treated differently?

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S

Surfling

Guest
Do I have a case? My employer has created a new account for sick leave (called sick leave reserve). It was created in 1992 when the company shifted its policy to personal leave combining SL and VAC. At that time, I was assigned to a position in Puerto Rico. Now, my assignment has brought me back to CA (my home). Since leaving PR the company was notified of a PR law (mandatory rule #68) which requires companies to provide 26 days of sick leave/vac combined. The company has been placing the balance of the 22 days they actually give into the SL reserve account. When I heard of this I contacted the company and they promptly added 260+ hours into my SLR account. This was approx. 11 months ago. The SLR policy (which has been verbally conveyed through managements key personnel) is that employees can only use the SLR account if they are verifiably sick (Dr's note, ect...) and have used 3 days of their own personal leave (the newer account). Only then can the employee use the account. Recently, the employees in PR challenged this stating they were not allowed to use their account therefore, the company was still violating rule #68. The company's HR Manager then authorized the employees in PR to use the account at will (much like using their personal leave accounts). When I heard of this in late February, I asked my superior if I, too, could use this account since all of the time accrued while I was in PR. He stated,"unless your sick for more than 3 days you will NEVER see the funds in that account." Naturally, I feel I'm being treated differently than those employees in PR. In fact, my question is twofold. One, am I being treated differently? Two, would I have to take this case to PR or can I pursue it here in CA? This is all contingent, of course. Should I have a case, I'm wondering if I should approach the HR Manager (which my boss has recommended). Any comments would be appreciated. This situation is worth over $10K to me.
 



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