Q: How does carrying over accrued sick time work in Oregon?
I am confused about how carrying over my accrued sick time is supposed to work. At the end of 2018 I had 23 hours of accrued sick time I did not use that then carried over to 2019. In 2019 I accrued an additional 45 hours- bringing my total accrued hours to 68. I used 40. Does the remaining 28 just go away then? I'm bothered because my understanding is that unless front-loaded, my employer must carry over any unused accrued hours. I realize I am only allowed to use 40, but thought I could accrue up to 80 over the course of 2 years. Is it legal for my employer to discard my hours that had carried over from the previous year and start this year with 0?
A:
The answer to this question will depend on a number of factors. I would begin by looking at the policies in your employee manual or employment contract (if you have one). Often accruals, and the amount that an employee is allowed to carry over from one year to the next, are bargained for. However, just because a policy is in a contract or agreement doesn't necessarily mean the policy is legal.
By speaking to an employment attorney and discussing the specifics of your situation you will be able to determine what options are best suited to your situation.
.
Mr. Michael O. Stevens agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
