Can a company force you to use your vacation days when you’re off instead of not being paid?

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Can a company force you to use your vacation days when you’re off instead of not being paid?

Also, is it legal to cut sick/personal days out for employees?

Asked on February 17, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) A company is not required to allow employees to take unpaid days off; it can require them to use PTO they have, such as vacation days, instead of simply taking an unpaid day.

2) The employer may not be able to cut days which have already been earned or accrued, unless their policies made it very clear that they could do this--that in essence, employees did not "earn" days as compensation, but were simply given some days off (like holidays) as a gift from the employer. Otherwise, days which have been eanred would likely be considered part of your compensation received for work already done, so the employer could not take them away.

However, going forward, the company may cut days so that employees do not receive as many in the future, unless there is an employment contract to the contrary.


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