Can I legally give a coworker my sick time?
Are there any laws against "donating" sick time to a coworker? I've worked for the same company for 11 years and have accrued almost 600 hours of sick time. A coworker is undergoing cancer treatment and has run out of sick and vacation time and now has to pay $700 per month out of pocket for Cobra insurance. We would like to help by donating our sick time but HR is telling us it's illegal. Is this true?
1 answer | asked Apr 15, 2005 11:55 AM [EST] | applies to California
Answers (1)
check with dlse
this is a question you should definitely take up with your local office of the dept. of labor standards enforcement, found in the "state of california" pages of your phonebook. most times these kinds of arrangements are made with the cooperation and encouragement of management, so it's hard to know the law on the issue.
there may however, be tax issues for such a "donation". you should check with your tax advisor. i believe since there are no vested rights in sick time, that it would not constitute a donation, but donating vacation time might. so be careful and know that i am not a tax advisor.
posted by Janet M. Koehn | Apr 15, 2005 1:33 PM [EST]
this is a question you should definitely take up with your local office of the dept. of labor standards enforcement, found in the "state of california" pages of your phonebook. most times these kinds of arrangements are made with the cooperation and encouragement of management, so it's hard to know the law on the issue.
there may however, be tax issues for such a "donation". you should check with your tax advisor. i believe since there are no vested rights in sick time, that it would not constitute a donation, but donating vacation time might. so be careful and know that i am not a tax advisor.
posted by Janet M. Koehn | Apr 15, 2005 1:33 PM [EST]
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