Can a company take your vacation time if you called out sick?

If someone had no recollection of knowing that your vacation time will be used when calling out sick without a doctor’s note. It wasn’t until after the call out that a email went around saying if you call out during summer break without a doctors note, vacation time will be used. Can they do this?

Asked on September 12, 2017 under Employment Labor Law, Connecticut


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

Answered 3 years ago | Contributor

Since typically neither sick or vacation time is legally mandated, to the extent that an employer chooses to provide it, it has a great deal of say over when it is used. That is unless there is a union agreement or employment contract to the contrary. Bottom line, in an "at will" work arragment, an empoyer can set the condtiions of the workplace much as it sees fit (absent some form of actionable discrimination).

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