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Can my employer deny to pay me sick leave?
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Can my employer deny to pay me sick leave?

I live in Texas. I have 5 sick days available. I was out because my child had Strep and had to stay at home with her. I did not get paid for those days. They told me that Sick leave only applies for the employee and not for their dependents. There is nothing in our employee handbook that specifies that. What can I do?


Some places have days for family emergencies, but this is not common.

Your sick day is for your own sickness. You were not sick, but did not come to work, so your employer does not have to pay you. In theory, they could also fire you, but this is unlikely.

The employer did what was within their rights.

Hi--probably nothing if your employer doesn't pay for you to take care of dependents--then they do not.

If you want to check further into it, I'd check with your local Dept of Labor for Texas. They can tell you if your state has any help that they can offer/you can apply for.

Or if you can claim it on your taxes as an expense--which is another option.

FMLA does not apply unless your child has a serious medical condition (not just sick). Do you have vacation time? If so you should use those days if they will let you.

Go to HR and tell them that you want to do everything right so what is the correct course of action the next time your child is sick and you are not able to find a babysitter. I'm sure you aren't the only person at the company who has children so there has to be a solution here somewhere.

There's nothing you can do, except know that next time you should call in sick yourself without specifying that it's not for you.

William Harvey
There is nothing you can do now. In the future however, you may want to call in sick for yourself without noting the reason. Your employer has no right to know why you are sick. Talk to your doctor because Family Medical Leave Act (FMLA) will help you from getting fired due to attendance violations. The FMLA gives employees 12 weeks during a rolling 12 month period in which to be absent without incident.

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