If my employer is threatening to take away vacation days for work not done, is this legal?

UPDATED: Jan 1, 2012

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If my employer is threatening to take away vacation days for work not done, is this legal?

Or does it all depend on my employer’s vacation policy?

Asked on January 1, 2012 under Employment Labor Law, Minnesota


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

Answered 10 years ago | Contributor

Vacation days cannot just be taken away if doing so violates existing company policy, the provision(s) of an employment contract or union agreement, or doing so would in some way constitutes actionable discrimination. Also, vacation days that have already been earned may not be eliminated.

That all having been said, as a general rule vacation time (as well as sick days and paid holidays) are not legally mandated. This means that an employer is not required to provide them under the law. Therefore to the extent that such time is given, it is given as an employer's discretion. Accordingly, it can set the terms and conditions of such time as it sees fit and deems necessary. This includes taking away such time for work not done.

If you think that your rights have been violated, you can contact your state's department of labor to file a complaint.

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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