If I’ve been working for a company for 5 years now, can my vacation time be reduced?

UPDATED: Jan 4, 2013

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If I’ve been working for a company for 5 years now, can my vacation time be reduced?

The first year as a plant engineer the years that followed as the plant engineering and maintenance manager. The first year I had 2 weeks vacation; the next 4 years I had 3 weeks vacation. Now I am back to 2 weeks vacation. Is this legal?

Asked on January 4, 2013 under Employment Labor Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, yes an employer may do this. That is so long as such a reduction does not violate the terms of an employment contract, union agreement, the company's own policy or is the result of some form of actionable discrimination.

As a general rule, an employer can set the terms and conditions of employment as it sees fit. This includes a reduction or even elimination of PTO.  The fact is that such time is given at the discretion of an employer; an employee does not automatically have a legal right to receive it.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 years ago | Contributor

To answer your question properly I would first need to view all written materials that pertain to vacation and your job.  Do you have a written contract?  Is there an employee handbook?  Are there internal written policies?  Paid Time Off ('PTO') policy?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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