She's Been Too Darn Healthy

Q. My girlfriend is leaving a job for another. Does the old employer have to pay her for her accumulated sick time??


A. The short answer is: generally, no. Of course, that’s based on the assumption that your girlfriend is what the law considers an “at-will” employee. “At will” simply means that she works for her employer at the will of the employer, until the employer no longer wants her. However, if your girlfriend is a civil servant, or under contract, or a member of a union, or part of a collective bargaining unit that may have an agreement that addresses this question, she may be entitled to pay for accumulated sick time. (It’s these latter types of employment that keep labor lawyers busy.) For instance, if she’s a teacher and a member of the teacher’s union, the union contract most likely covers this scenario. On the other hand, if your girlfriend is a cashier for Joe’s Bar and Grill and is not unionized, she would lose her accumulated sick time if she leaves Joe’s and would not be entitled to be compensated for it. (While it would be nice for Joe’s to offer to pay her for the time she lost, it would not be obligated to do so.)