Can my employeer force me to use vacation time if they close for business due to inclement weather?

Last Thursday, January 4th, my employer sent out notification via text message and phone calls, that they would not be open for business due to the approaching storm before the normal hours of operation. As a result, 8 hours were subtracted from my accrued vacation time as well as my fellow hourly employees. Salaried employees were unaffected. Is this legal?

Asked on January 8, 2018 under Employment Labor Law, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

First of all, not all employees be treated the same or even fairly, absent some form of legally actionable discrimination. And this does not appear to be the case in your situation. Further, vacation time (or PTO) is not legally required to be given. Therfore, to the extent that an employer chooses to privide it, it has a great deal of say over when and why it is used. Accordingly, unless you have an employment contract or union agreement to the contrary, you have no claim here.

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

Answered 3 years ago | Contributor

First of all, not all employees be treated the same or even fairly, absent some form of legally actionable discrimination. And this does not appear to be the case in your situation. Further, vacation time (or PTO) is not legally required to be given. Therfore, to the extent that an employer chooses to privide it, it has a great deal of say over when and why it is used. Accordingly, unless you have an employment contract or union agreement to the contrary, you have no claim here.


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.