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Can't use sick time for your sick child?

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  • Can't use sick time for your sick child?

    Our son is sick, we have been to a doctor and he's on medication, he will also be having surgery again. My husband's work is saying he cannot use sick time to be with our son. He's not wanting to take a week off or anything, just one or two days to be with our son while he's sick. We live in Kansas. His employer is saying he has to use vacation time instead of sick time. They said he can only use sick time if he is the one that is sick, not if his child is sick. They said if he doesn't use vacation time then it will have to be unpaid time off. Is it legal for them to not allow him to use sick time if his son is sick?

  • #2
    Re: Can't use sick time for your sick child?

    I wish to inform you that laws of your state and employment agreement will govern sick leave policy. In this regard your husband may not take sick leave for his son because he himself is not unwell. Sick leave is provided when employee is having some medical problems. As regards taking care of child your husband can use vacation time and thus employer may not be liable for violation.

    AFF

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    • #3
      Re: Can't use sick time for your sick child?

      Originally posted by Milligan View Post
      Our son is sick, we have been to a doctor and he's on medication, he will also be having surgery again. My husband's work is saying he cannot use sick time to be with our son. He's not wanting to take a week off or anything, just one or two days to be with our son while he's sick. We live in Kansas. His employer is saying he has to use vacation time instead of sick time. They said he can only use sick time if he is the one that is sick, not if his child is sick. They said if he doesn't use vacation time then it will have to be unpaid time off. Is it legal for them to not allow him to use sick time if his son is sick?
      Use of sick time is usually governed by company policy. Generally speaking, it is almost always intended for use when the employee themselves are sick or require medical attention of some sort, such as a doctor's appointment. The company can allow for use of that time for other than the employee's own health issue or maintenance, but to my knowledge, there is no requirement that they do so.

      It is not a government-mandated requirement to even provide paid time off for sick time as a benefit for its employees. There are many employees - mostly part-time, buy now a large number of full-time employees as well - who have no paid time off at all. No paid time for vacation or for when they or their family member is ill.

      As such, it is entirely legal - and yes, even reasonable - to require specific sick time off to be used for the employee themselves. Consider yourselves lucky that you have any paid time off benefits at all.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: Can't use sick time for your sick child?

        If he qualifies, your husband can request FMLA. That will give him 12 weeks a year without worrying about losing his job.

        Are you unable to be there either?

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        • #5
          Re: Can't use sick time for your sick child?

          Originally posted by goddessoflubboc View Post
          If he qualifies, your husband can request FMLA. That will give him 12 weeks a year without worrying about losing his job.

          Are you unable to be there either?
          The problem does not appear to be one where he is allowed to take time off. It is the fact that they are being forced to use accrued vacation time instead of sick time so that he can be paid for that time off.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

          Comment


          • #6
            Re: Can't use sick time for your sick child?

            If he continues he may find himself with lots of time on his hands.

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            • #7
              Originally posted by goddessoflubboc View Post
              If he continues he may find himself with lots of time on his hands.
              If he continues what? I am not sure what that means. I just didn't know the laws so that's why I wanted to ask. He has sick time accrued and has always been able to use it for our sons surgeries but now they are telling him he can no longer use it for that. If he can't then he can't, we can make it work. Thanks for all the input for everyone. I appreciate it.

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