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Summary

As an employee, you are likely entitled to both paid and unpaid time off from work due to health reasons.

Paid time off includes the following. Information about each is contained in the other sections of this article.

Unpaid time off includes:

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Holidays

In addition to national holidays, there are more and more holidays celebrated on a state or local level for which employees receive full pay and benefits.

It’s no one’s business if you use a holiday for medical reasons.

You’ve probably thought about it already, but if you take time off as a vacation or sick leave, you generally lose the advantage of any holidays that occur during your time off. Perhaps you can delay the time off to take advantage of another paid day off.

Sick Leave

Sick leave is time off from work with full pay and a continuation of all benefits if you can't show up because of your health. Sick leave is voluntarily provided by just about all employers.

Since no federal or state law requires employers to provide sick leave, the amount of time allowed for sick leave varies from employer to employer.

When looking at a sick leave plan, look for:

  • How many days are you given each year? Sick leave programs are generally for a very limited period of time, such as 7 to 10 days a year.
  • Is there a requirement about whether sick days must be taken at one time?
    • Can you take them over time?
    • If you can spread them out, what kind of spread? For example, a certain number of days per month?
  • Can you carryover unused sick days from one year to the next? If so, what is the maximum you can accumulate?
  • What paperwork is required? Many employers will require a statement from a doctor if an absence exceeds three days. Others will want one regardless.
  • Does sick leave time apply to partial days? For Example: You have to miss a half day or two hours of work for a doctor's appointment. Some employers make you count that time as sick leave. Others only count it as sick leave if it exceeds a half-day off.
  • Is confirmation of your illness from a health care provider required? If so, is it required once, or each time you take sick leave?

Sick leave programs are designed and administered by the employer directly. Because no insurance company or third party administrator is involved, there is usually some flexibility that is not included in the literature. As time goes by, you will learn just where and how far that flexibility extends.

Sick leave is generally started by a phone call to the employer. There are generally no special claim forms involved. Still, if you do go to the doctor, get a note while you are there confirming the visit to the doctor "just in case."

Vacation and Personal Days

Vacation time is the amount of time employers provide each year with full pay and full benefits so you can recharge your batteries.

Personal days are provided by some employers for employees to take care of matters the employee considers personal.

Of course you can always use vacation time or personal days as sick time. In fact, there are some employers that require you to use your vacation time after your sick leave is used up.

The request for vacation time is usually made to your supervisor.

Ask Co-Workers To Donate Time

Perhaps you can obtain time off with pay by asking co-workers if they would be willing to donate time. A batch of co-workers contributing a few days can add up.

If it’s important to you, keep in mind that disclosing your health condition to co-workers is not protected by law so there is no requirement that they keep the information confidential.

NOTE: Consider using your situation as a trigger to create a pool of time that co-workers are willing to put some time into to help each other. Whoever needs time off in the future could dip into the pool without having to ask individuals for assistance. For guidelines about setting up a pool, click here.

Negotiate With Your Employer

If you're not entitled to paid or unpaid time off, negotiate with your employer. While you may be feeling so poorly that you will take the time off no matter what, keep in mind that you are a valuable resource for your employer. In addition to your skills, a lot of time and perhaps dollars have been invested in you.

First check to see whether you are covered by the Americans With Disabilities Act (ADA) or similar laws. If you are, you are entitled to a reasonable accommodation. You still have to negotiate for it, but with the law behind you.  If you are not covered by the ADA, consider the following before you approach your employer:

  • Recap for yourself your value to your employer. Think as if you were going to the employer to ask for a raise. The process will boost your confidence for the negotiations. It may also come in handy if you have to remind your employer how valuable you are to the company.
  • Think about how much you are willing to disclose to your employer about your health condition. Get a letter from your doctor explaining the need for the time off. Be prepared if your employer wants more information than you would like to provide.
  • Create a wish list of what you want. For example, it is desirable for your benefits to continue, and for your employer to pay for them. If your employer won't pay for them, ask if you the employer will pay a part. If all else fails, offer to pay the benefits yourself. A continuation of your health insurance, and the ability to continue to see your doctor(s) and continue your treatment is critical. Of course you'd also like your job held open for you.
  • Prepare a negotiating strategy for the meeting.
    • Perhaps you can negotiate for the time you need as an accommodation under a law such as the Americans With Disabilities Act (ADA) or similar law. For example, an accommodation may be flex time, or the right to telecommute from your home. In both situations, your salary and benefits continue, and your place in the work hierarchy continues.
    • Let your employer know why saying "yes" to your request is good for the company. In addition to keeping a valuable employee, it sends a clear message to the rest of the employees that the employer really does "care."

If you have an advisor or mentor at work, speak with him or her about what has been done in similar situations in the past, what you can reasonably expect, and who is the best person to talk with.

Give the employer a date certain by which you plan to return to work. Make it the earliest reasonable date. If it turns out you can't make the date, let the employer know as soon as you do.

Offer to do as much as you can to get your work load in order before you take time off -- or at least to work-up a set of instructions including where things stand and what is left to do. Also offer to be available for calls while you're not working -- and to do what you can on open projects if needed.

Short Term Disability Income

There are a variety ot short term disability income plans to check to see if one is applicable to you.

  • Employer program: A program funded by an employer to provide a short term income for an employee who needs time off for a medical condition.
  • Employer sponsored Short Term Disability Income Insurance: As implied by its name, this insurance is an employee benefit provided by many employers either voluntarily or because of a state mandate.  To learn about short term disability insurance, click here.
  • State short term disability income programs.  To learn about these programs, click here.

Unemployment Insurance

You may be able to leave work and collect unemployment insurance if:

  • Your illness (or injury) is job related.
  • You don't voluntarily resign.
  • You declare that you are "willing and able" to work and are actively seeking a job.

To learn more about unemployment insurance, click here.

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Unemployment Insurance