Q. If an employee is out sick but has already used up her sick leave hours, can we legally subtract from her vacation time instead?
A. There are no legal restrictions on subtracting from an employee’s vacation time if she has used her sick time. However, you may want to clarify this as a policy in your handbook to avoid surprising employees by the practice.
Some employers have decided to not make a distinction between sick days and vacation time, and simply provide “paid time off” to their employees. As always, you should be mindful that if an employee has been out sick for more than three consecutive days, he or she may be eligible for .
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