How do I combine sick and vacation time and still comply with state sick time laws?

If the law says your team is entitled to sick leave, why are you taking it back?

I spoke to someone last week who was confused about how to administer her company’s sick leave policy. They had a combined policy (sick + vacation): 20 days total, with 5 earmarked for sick leave.

If someone had used 15 days for vacation and wanted to take the 16th off, it was denied without a doctor’s note. 

At the end of the year, all the unused days went poof and the balance refreshed to 20.

The law lets you carry over extra sick time if the year happened to go well. If your system blocks people from using that time, and then deletes it before they can, you’re punishing people for staying healthy.

“Kids these days,” the HR person said. “They complain about everything.”

You were blocking people from using their time off and then taking it away. That’s not a policy. That’s a bait and switch. 

No wonder they were pissed.

In states like California, Colorado, Montana, and Nebraska where earned vacation is considered compensation, it could be wage theft.

Just because you offer the required sick time doesn’t mean you’re doing it right.

Sick leave laws are meant to make sure that workers don’t lose pay for things out of their control. In most states, sick time isn’t just for illness. It can also cover things like medical appointments, domestic violence, legal needs, and caregiving.

I’ve never seen much benefit in demanding documentation for sick time. 

If treating your mental health requires a trip to Disneyland, you do you. Feel better. Bring back gifts. I like Winnie the Pooh.

Many companies do away with the distinction altogether and combine sick and vacation time into one policy. 

But if your PTO is stored in one “bucket,” you can’t restrict what some of those days are used for.

This HR person (or should I say “truancy officer”?) was essentially blocking people from using their time and then deleting it before they could. That’s not how that works.

Whether you have separate or combined sick and vacation policies, you have to consistently treat them that way:

• In your written policy

• In your tracker/system of record

• In practice

  
  

Pick a line and stick to it.

If you need help creating a combined sick and vacation time policy that complies with state regulations, let's chat.

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