Employer applied sick days from a future year (2019) for sick days taken in 2018. Can they do that?

I was deathly ill (and on antibiotics) in December 2018. I took 2 sick days the final week of December 2018. I have since discovered my employer, instead of using the sick days I still had available for 2018, used FUTURE sick days, docking those two days from 2019. Their rationale is that the payday for that pay period fell in 2019. So even though I took the sick days in 2018, they say they are legally justified in leaving the 2 sick days from 2018 on the table and taking 2 away from the future year of 2019. Can they do this?

0 answers  |  asked Jan 9, 2019 7:42 PM [EST]  |  applies to California

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