Can my employer take away future paid holidays and vacation days due to lateness?

Asked on January 15, 2013 under Employment Labor Law, Pennsylvania


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

Answered 8 years ago | Contributor

Yes, your employer can do this. Taking away unearned PTO (vacation, sick days, paid holidays) is perfectly permissible under the law. The fact is that an employer can set the terms and conditons of the workplace s it sees fit. Further, contrary to popular belief, PTO is a discretionary benefit that an employer can choose to provide or not. As an employee, you can choose to work for this employer or not. This all holds true as long as there is no union agreement. employment contract or exisitng company policy to the contrary (also no form of actionable discrimination must play a part in your employer's decision to take away this time).

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.