Human Resource Blog

Paid Sick Days

I’m in HR but I do not know the answer here: My daughter’s employer is a British Corp. She runs their Miami Florida office. They pay all the usual U.S. taxes and withholding. She was originally told she had xyz sick days and 3 weeks’ vacation. Recently she has had some heath issues and took a few days off. Now they are telling her they do not pay any sick days and already docked her paycheck for 1 day without notice.

Can they do this. What are her rights? She is a salaried exempt employee and does not punch a time clock.

There is no federal or Florida law that requires employers to offer paid sick days to employees. Although several states have considered such a measure, none has passed as yet. You do not say how long your daughter has been an employee of this firm, but often employees are required to work a year or more before they earn any sick time.

In several states, the state department of labor would require an employer to make good on any benefits promised to workers in writing or verbally. However, Florida is not one of them. Your daughter could certainly hire an attorney to forced the company to make good on promised sick and vacation time, or take the company to small claims court. Unless she has the vacation and sick policies in writing, or a witness, it is going to be an uphill battle.

If the company has more than 50 employees within 75 miles, your daughter may be entitled to unpaid, job-protected FMLA or leave under the federal Family and Medical Leave Act for a serious health condition.

A salaried exempt employee who works at all during the day must be paid her entire days salary. However, if the employee misses the entire day of work, her salary can be docked.