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MS employees can use sick time before it’s earned

November 2026 employment law letter
Authors: 

Martin J. Regimbal, The Kullman Firm

Q           Can we allow employees to use sick time before they actually earn it, then carry the negative balance into the next year until it’s offset by future accruals?

Yes, in Mississippi, the provision of paid sick time is governed by company policy. For this reason, employers may allow use of sick time before it’s earned and may offset the deficit by future earned time. It’s recommended that employees agree to the same in writing and to the deduction from their paycheck if employment ends before the paid sick time deficit is satisfied. If this occurs, the company may reduce the final paycheck by an amount that doesn’t drop the employee below the minimum amount required under the Fair Labor Standards Act.

              Martin J. Regimbal is a shareholder of The Kullman Firm and may be reached at mjr@kullmanlaw.com. 

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