Sick time limited by state?

[isis297]

What is the name of your state? NY

Does the state have a limit how many sick hours you can be paid for?

Coworker has 8 sick hours left per her time sheet program. She requested 4 hrs be paid. It was approved by DM. HR removed the hours saying she had already used the 56 hours NYS allows. They said anything left over will carry over to next year, but that will just keep creating an issue where we tap out at 56 and end up with unpaid PTO.

 

[cbg]

The state of NY requires employers of 100 employees or more to provide 56 hours per year of paid sick time. While the law does not prohibit an employer from providing more if they choose to, the employer is not compelled to do so either.

 

[Taxing Matters]

What is the name of your state? NY

Does the state have a limit how many sick hours you can be paid for?

Coworker has 8 sick hours left per her time sheet program. She requested 4 hrs be paid. It was approved by DM. HR removed the hours saying she had already used the 56 hours NYS allows. They said anything left over will carry over to next year, but that will just keep creating an issue where we tap out at 56 and end up with unpaid PTO.

Is the employer a state/local government agency or a private company? And how many employees does the agency/company have. My guess is that what was really meant was that 56 hours is all the paid leave that the state requires, and the employer does not offer any more paid leave than the state requires. So the employer may offer more than 56 hours, but it does not have to do so. See NY Paid Sick Leave for details.

 

[isis297]

Is the employer a state/local government agency or a private company? And how many employees does the agency/company have. My guess is that what was really meant was that 56 hours is all the paid leave that the state requires, and the employer does not offer any more paid leave than the state requires. So the employer may offer more than 56 hours, but it does not have to do so. See NY Paid Sick Leave for details.

The company is private and has over 800 employees amongst 37 states. I understand they don't have to offer more than 56, but the way they accrue our sick time, someone with a full year can end up with an extra 8 hours. We earned it but they are saying they are not allowed to pay anything over 56 hours.

While this current issue is affecting my friend, it affects me too in that I asked HR about my PTO. with the end of the year coming, I still have 6 days between floating holidays and personal time as well as all of my sick time left.

HR told me I had to use or lose my floating and personal days but said I could roll up to 56 hours of sick into next year. How does that work if they won't pay out more than the 56?

Is there anything that says a company is not allowed to pay more than the 56 hours out if they let you earn the time?

 

[zddoodah]

Does the state have a limit how many sick hours you can be paid for?

If one is a state employee, then the state will, of course, not provide unlimited paid sick time. If one is not a state employee, then the state may have a minimum paid sick time requirement but will not care if any given employer wants to provide more than the minimum.

Not sure what your friend's issue is, but it sounds like a records discrepancy.

HR told me I had to use or lose my floating and personal days but said I could roll up to 56 hours of sick into next year. How does that work if they won't pay out more than the 56?

That's an excellent question to ask someone in your HR or benefits department.

Is there anything that says a company is not allowed to pay more than the 56 hours out if they let you earn the time?

No.

 

[PayrollHRGuy]

Is there anything that says a company is not allowed to pay more than the 56 hours out if they let you earn the time?

No. This is a contractual issue between the employer and the company.

 

[Bali Hai Again]

The company is private and has over 800 employees amongst 37 states. I understand they don't have to offer more than 56, but the way they accrue our sick time, someone with a full year can end up with an extra 8 hours. We earned it but they are saying they are not allowed to pay anything over 56 hours.

While this current issue is affecting my friend, it affects me too in that I asked HR about my PTO. with the end of the year coming, I still have 6 days between floating holidays and personal time as well as all of my sick time left.

HR told me I had to use or lose my floating and personal days but said I could roll up to 56 hours of sick into next year. How does that work if they won't pay out more than the 56?

Is there anything that says a company is not allowed to pay more than the 56 hours out if they let you earn the time?

How can someone accrue more than the maximum allowable sick leave (you said 56 hours) in one year unless there is an unused amount carried into that year from the previous year? What is the accrual rate per pay period? If I understand correctly you can carry over 56 sick leave hours from the previous year and at the end of the current year and if none is used because you weren’t sick, you will have 112 hours sick leave accrued. If your company policy is 56 hours of sick leave per year is the limit, do you expect to use 112 hours of sick leave that year?

 

[cbg]

There is not a law that says they are not allowed to pay out more than 56 hours a year, no.

However, there is also not a law that says they have to pay out more than 56 hours a year, either. Even if you have accrued more.

 

[Bali Hai Again]

There is not a law that says they are not allowed to pay out more than 56 hours a year, no.

However, there is also not a law that says they have to pay out more than 56 hours a year, either. Even if you have accrued more.

Understood, the law says that company employee “A” is restricted to 56 sick leave hours a year, but same company employee ”B” is not restricted to 56 sick leave hours a year but allowed more even if both have equivalent accrued hours of sick leave? This is why there is collective bargaining.

 

[Zigner]

Understood, the law says that company employee “A” is restricted to 56 sick leave hours a year, but same company employee ”B” is not restricted to 56 sick leave hours a year but allowed more even if both have equivalent accrued hours of sick leave? This is why there is collective bargaining.

The law does NOT say that an employee is "... restricted to 56 sick leave hours per year ...".

 

[cbg]

No, that's not what I said.

All private employers who have 100 or more employees must offer a minimum of 56 hours per year of paid sick time.

Any employer who wishes to offer more may do so.

Any employer who does not wish to offer more cannot be compelled to do so.

It may not make sense for an employer to offer more paid sick time but only allow them to take 56 hours, but it is not in violation of any law. Since 56 hours is all they are required to pay out, if they offer more time; pay out only 56 and roll the rest over into next year. there is nothing in either Federal or NY law that would prohibit that practice. There is nothing in Federal or NY law that would require that they pay out any balance over 56 hours. However, there is no law that says they CAN'T pay out more, either. Once the 56 hours has been paid out, anything else is up to the employer.

 

[Bali Hai Again]

The law does NOT say that an employee is "... restricted to 56 sick leave hours per year ...".

Understood, I did not explain clearly that the company can use the law in one case but not the other.

No, that's not what I said.

All private employers who have 100 or more employees must offer a minimum of 56 hours per year of paid sick time.

Any employer who wishes to offer more may do so.

Any employer who does not wish to offer more cannot be compelled to do so.

It may not make sense for an employer to offer more paid sick time but only allow them to take 56 hours, but it is not in violation of any law. Since 56 hours is all they are required to pay out, if they offer more time; pay out only 56 and roll the rest over into next year. there is nothing in either Federal or NY law that would prohibit that practice. There is nothing in Federal or NY law that would require that they pay out any balance over 56 hours. However, there is no law that says they CAN'T pay out more, either. Once the 56 hours has been paid out, anything else is up to the employer.

Agree cbg.

 

[Taxing Matters]

HR told me I had to use or lose my floating and personal days but said I could roll up to 56 hours of sick into next year. How does that work if they won't pay out more than the 56?

That's something to ask your company. If your employer has a written leave policy, ask for a copy of it.

Is there anything that says a company is not allowed to pay more than the 56 hours out if they let you earn the time?

No. All that the federal and state governments care about with their leave (whether unpaid or paid) laws is that the employer provide the minimum that the law allows. Employers are free to offer more generous policies than the law requires.