Can an employer e-mail everyone in the company with each employee’s personal information regarding the vacation/personal time?

My employer emailed everyone on how many days left each of them have left on the vacation days/personal days. Is this legal. I thought HR was not allowed to let personal information e-mails. Vacations days/ personal days are personal right?

Asked on September 1, 2011 Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It's actually not entirely clear that this is personal. To the extent that it may reveal how much each employee earns per year, assuming that you don't all earn the same number, it can reveal part of each person's compensation; that would normally be considered private information. On the other hand, if it's just how many days each person currently has, which does not necessarily reveal compensation, that might not be private--since obviously, everyone knows (or could know) about when someone takes vacation, there is nothing private about knowing how days someone has used or could use, so long as it does not reveal compensation information. However, even to the extent that the information might be considered private, it's not clear what damage its disclosure causes or what (cost effective) remedy you may have for its release.

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 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.