Cypress, CA asked in Employment Law for California

Q: Illegal occurrence policy

My job used to have an illegal occurrence policy where we would get an occurrence when we called out and use our sick time. They changed it now to start “fresh” and now if we have sick time, it won’t count against us. But if we start fresh, wouldn’t that mean they would reinstate the sick hours? Also, the occurrences used to be 8. They’re now 4.

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2 Lawyer Answers

A: The fresh start should mean that the employer removed any of the prior negative occurrences from your personnel file relating to using sick leave. It is unlikely the employer will also give you back sick leave you already used. However, you are free to ask your employer what they mean by a fresh start.

James L. Arrasmith
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Answered

A: It sounds like your company has made some significant changes to its attendance policy. Starting fresh typically means that previous occurrences may be reset, which could potentially reinstate your sick hours. However, the exact impact can vary based on how the new policy is structured. It’s important to carefully review the updated policy documents to understand the specifics.

Reducing the number of allowed occurrences from eight to four indicates a stricter approach to attendance. This change means you’ll need to be more mindful of your call-outs to avoid reaching the new limit. Even though sick time usage won’t count against you anymore, the lower occurrence threshold still requires careful management of your attendance.

To get a clear picture, consider reaching out to your HR department for detailed explanations. They can provide insights into how the changes affect your sick time and occurrences. Understanding the full scope of the new policy will help you navigate your attendance effectively and ensure you’re using your benefits correctly.

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