Double dip

[Jstorey]

Jurisdiction

Iowa

Hi, I work for the state and with all the government changes there has been a change where if you call in sick and do overtime or get forced into overtime within the same pay period they take your sick time and don't pay you overtime. Is that something they can legally do? Thank you for your time.

 

[army judge]

Is that something they can legally do?

If its being done, YES, "they" are doing it.

You might wish to discuss the "new" policy with your supervisor, manager, or HR Representative to assist you in understanding the "why and the "how" of the policy.

 

[mightymoose]

You are not entitled to overtime pay until you have actually worked more than 40 hours. Your sick time does not count toward those 40 hours because you did not work those hours.
Normally you would get paid for the sick time and be paid straight wages for any overtime hours under 40 hours.
If it is their policy to substitute the sick time hours for actual work hours you made up then that is probably legitimate. You still have those sick hours on the books so you haven't lost anything.
Your HR should be able to clear up any confusion, but what you describe does not seem unusual to me.

 

[Jstorey]

So just to be clear, we get paid every 2 weeks and if I call in and use 8 hours sick time but the then get forced into over time they only have to pay my for my 80 hours and still take my sick time or do they have to pay the 88 hours?

 

[cbg]

Barring a legally enforceable contract that expressly says otherwise, you are never owed money under the law for time you did not work. If you are out sick, they do not HAVE to pay you sick time at all.

Neither Federal nor Iowa law cares one whit what happens to vacation or sick time. (Iowa strongly recommends that an employer follow their policy but does not put any mandates on what that policy should be.) As far as the law is concerned, you are not due any sick time; you are not owed by law any pay for time you did not work. You only have to be paid for time you actually WORKED, and you only have to be paid overtime if you WORK more than 40 hours in a week. It doesn't matter how many hours you get paid for. If you WORK 80 hours and call in sick for 8, you are owed 80 hours of pay. Neither Federal nor Iowa law prohibits your employer from then deducting 8 hours of pay from your sick time. It's a bit petty and picayune, if you ask my opinion, but it's legal.