Pay delay on ‘Sick Days’ when employee doesn’t properly report time away?

[Trisha Drew]

#97593

Forum: Private

Hello, we have an issue with some hourly employees not properly reporting their sick days on time or accurately. They of course then want payment for the sick day (if owed). We use ADP and have a policy in place within their employee profiles where they have to request they day and it is approved there by their supervisor. Some don’t put in the request and then are requesting payroll payment for the day. We would like to verify the sick date taken, reinforce that they must use ADP process to request the day (as a tracking system), then we will pay them if owed. My question is, can we then add the payment to the NEXT payroll cycle date? What are the legal issues if any in doing that when an employee doesn’t follow proper time off policy requests? Thank you!

[Haley O’Halloran]

#97595

Yes, you can add the sick-pay correction to the next payroll cycle, if the employee failed to follow your established reporting/approval process and the employer acts promptly once aware of the entitlement.

There is no legal requirement in B.C. to issue an off-cycle payment for sick pay, as long as:
-The employee is ultimately paid all wages owed within a reasonable timeframe, and
-You are not withholding pay as discipline (i.e., you still intend to pay legitimate sick time), and
-Your policy clearly states employees must follow the process and that delays may result in payment being processed on the following pay cycle.

Legal Framework in B.C.
Employment Standards Act (ESA) Requirements

Paid sick days (up to 5 per year) must be paid at the employee’s “average day’s pay” for days taken.

ESA requires wages to be paid on the regular payday.

If an error or omission occurs (e.g., employee submits late), ESA requires correction “as soon as reasonably practicable” but does not require an emergency off-cycle pay run.

Because the employee did not follow your reporting system, you can wait until the next regular payroll, as long as:
-You process it promptly once verified.
-You do not intentionally delay beyond one regular pay period.

HR/Payroll Best Practice
You Can Do This:

-Process late sick-day requests on the next payroll processing cycle.
-Reinforce in your policy that late or missing ADP requests will not be paid until the following pay cycle.
-Supervisors should confirm absenteeism promptly so you can verify valid sick days.

You Cannot Do This
-Deny paid sick days entirely just because an employee failed to enter them in ADP (ESA entitlement still applies).
-Use delayed payment as discipline—discipline must be separate (coaching, written warning, etc.).

Recommended Policy Language

Here’s a compliant phrasing you can insert into your sick-leave policy or employee handbook:

Employees must submit sick-leave requests in ADP on the day of the absence or as soon as reasonably possible. Failure to submit the request may delay payment until the next regular payroll cycle. Sick-leave pay will be issued after the absence is verified and approved by the supervisor.

This keeps you compliant and sets clear expectations.

Practical Approach for Your Situation

Verify the sick date with attendance records, supervisor confirmation, or call-in logs.

Remind the employee of the requirement to submit in ADP.

Approve and pay:
-If the request is late → pay on the next payroll cycle.
-If the employee disputes this, you are legally safe as long as it’s paid within a reasonable time and not used as punishment.

Optional discipline:
Provide coaching or a written reminder for repeated noncompliance with reporting procedures.

I hope this helps!
-HRInsider Staff

[Author]

Posts