Can an employer limit you to 3 personal days off per calendar year?

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Can an employer limit you to 3 personal days off per calendar year?

My employer is attempting to put a policy in place which limits salaried
employees to 3 personal days off a year. Is this legal?

Asked on January 19, 2017 under Employment Labor Law, Massachusetts

Answers:

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

Answered 4 years ago | Contributor

The fact is that most employment is "at will' which means that, absent some form of legally actionable discrimination, a company can set the conditions of work much as it sees fit. Additionally, as a general rule PTO (i.e. sick days and vacation time) is not legally mandated. Therefore to the extent that an employer chooses to provide them, it has the disrection over how much such time is given. This is true as long as reducing such time does not violate the rems of an employment contract or union agreement.

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

Answered 4 years ago | Contributor

The fact is that most employment is "at will' which means that, absent some form of legally actionable discrimination, a company can set the conditions of work much as it sees fit. Additionally, as a general rule PTO (i.e. sick days and vacation time) is not legally mandated. Therefore to the extent that an employer chooses to provide them, it has the disrection over how much such time is given. This is true as long as reducing such time does not violate the rems of an employment contract or union agreement.


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.

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