Can an employer take my vacation time and use it towards sick time without me knowing?

UPDATED: Sep 30, 2022

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Can an employer take my vacation time and use it towards sick time without me knowing?

They took 3 days when i was off sick and used my vacation time towards the abscence. I was not aware of this.

Asked on June 6, 2017 under Employment Labor Law, Illinois


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

Answered 5 years ago | Contributor

PTO (or vacation days and/or sick time) is not a legally required benefit in most jurisdictions. Accordingly, to the extent at a company provides it, it has a great deal of say over when and why it is used. Accordingly, unless your employer's action violated the terms of a union agreement or employment contract, it is legal. Also, your treatment must not have constituted some form of legally actionable discrimination (which you did not indicate).  

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.

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