Thread regarding Wells Fargo & Co. layoffs

Illegal sick time practices at WF

How does WF get away with these practices of reducing PTO hours for usage of sick time?

In NYC, the following law applies: “NYC's sick leave law, the Earned Safe and Sick Time Act (ESSTA), requires employers to provide paid time off for various reasons, including personal or family illness, medical appointments, and absences due to public health emergencies or domestic violence. The amount of paid leave depends on employer size, with employers with 100+ employees providing up to 56 hours annually.”

However, WF’s own policy states: “If you’re a pto eligible employee, you don’t receive paid sick time in addition to your paid time off allowance. Instead your pto can be used for reasons covered under the sick time law to provide pay and job protection. Using sick time in workday decreases your pto balance by reducing those requested hours from your monthly pto accrual.”

Isn’t this illegal?


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| 1761 views | | 5 replies (last November 7) | Reply
Post ID: @OP+1k9dcvndz

5 replies (most recent on top)

@cw what was supposed to be learned from the pandemic?

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Post ID: @dg+1k9dcvndz

@a2 I came here for this comment. Before trying to say anything in WF is illegal you better believe they had their lawyers involved in making sure everything was on the up and up. I was here when they made that transition. I actually prefer the one bucket as a person that hardly gets sick. No one wants to fake sick to use their sick time.

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Post ID: @d2+1k9dcvndz

If you’re in a state like NY, Workday has a separate bank of time for sick leave, PTO, personal holidays, community service. You all are required to have designated sick days by law, while employees in states like NC don’t even have the sick day designation of time in WD. Same with carryover time from YtY. Some states have different rules about how companies must allow you to carryover your PTO. Essentially WF only provides sick days if they’re in a state where mandated by law. Otherwise, they expect you to use your PTO…

They learned nothing from the pandemic.

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Post ID: @cw+1k9dcvndz

You've finally figured it out! Not the dozens of WF lawyers and HR experts who have been managing WFs presence in NY for decades. You should go post your revelations on FB under your own name. You'll be a hero!

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Post ID: @a5+1k9dcvndz

It’s not about giving more or less time off, it’s about classification. States like New York and California have specific laws requiring employers to provide designated sick time. Even if a company offers a general PTO bank that you can use however you want, they still have to separate out a portion as “sick time” to comply with those laws.

In this case, the company is actually offering more PTO overall than what the law requires, they just need to clearly label a portion of it as sick time for legal reasons. These regulations are mainly aimed at employers who don’t typically provide paid sick leave.

Also, sick time is considered protected time. So if your group has an attendance policy, absences that are properly classified as sick time generally can’t be used against you.

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Post ID: @a2+1k9dcvndz

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