Can an Employer Deduct Money from Your Paycheck if You Call in Sick Without Using Paid Time Off (PTO) or Vacation Time?

The relationship between an employee's salary and taking sick days can often be a source of confusion. Specifically, employers may be unsure about whether they can deduct money from an employee's paycheck if the employee calls in sick without using their paid time off (PTO) or vacation time. The answer is clear, and it aligns with labor laws in many jurisdictions.

Typically, Unused Vacation Days are Added to Your Final Paycheck

According to standard labor practices and regulations, when an employee has unused vacation or personal days, these are typically added to their final paycheck upon termination. Your unused vacation days and personal days are not typically deducted from your earnings when you call in sick. Instead, they are included in your final payment. It's important to note that if the company has a specific policy regarding paid sick leave, they may include these days as well.

What Happens if You Call In Sick Without Using Paid Days?

When you are out of paid sick days and you call in sick, there are typically two options:

Take the Day Without Pay: You can choose to take the day off without receiving your normal wage. This will result in a smaller paycheck, but it is your right as an employee not to use paid time. Use Paid Time Off (PTO) or Other Voucher: You can also choose to request and use PTO (if available and approved by your employer) to maintain the same level of income. This is a practical option if you need the day off and it fits within your PTO policy.

How Employers Handle Absences

Much of the time, employers allow employees to use their PTO for unexpected illnesses. However, policies can vary widely depending on the company. Some employers might force employees to use PTO for sick days, while others simply provide the option. It's crucial to understand your employer's policy in advance. In general, employers might deny a request for PTO if the employee is frequently sick, even if it's not due to major illnesses, surgeries, or pregnancy.

The Norm for Sick Days

The "normal" number of sick days an employee can take in a year is influenced by the typical occurrence of minor illnesses like colds and flu. According to statistical data, the average employee is expected to call in sick about 5 times per year due to such common conditions. Therefore, many companies allocate about 6 days of paid sick leave per year. What this means is that whenever possible, employees are encouraged to schedule routine medical appointments, such as dental cleanings or physicals, using regular days off or PTO. This helps to ensure that sick days are reserved for serious or unexpected illnesses.

Long-Term Disability Insurance

In more severe cases, where an employee requires extended time off due to serious illnesses, surgeries, or other health conditions, long-term disability insurance can cover a portion of their income during the recovery period. This type of insurance can provide financial support to employees during long-term health issues, ensuring that they are not completely without income during a critical phase of their recovery.

Understanding and navigating these policies is crucial for both employees and employers. Clear communication and understanding of policies can help prevent misunderstandings and ensure that both parties are fully informed about their rights and obligations.