Can an employer make you take a snow day when work is closed as a personal day?

UPDATED: Jan 28, 2011

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Can an employer make you take a snow day when work is closed as a personal day?

Asked on January 28, 2011 under Employment Labor Law, North Carolina


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

Answered 12 years ago | Contributor

Yes, it can.  An employer has a right to do this if you are an "at will" employee.  That is if you do not have an employment contract or union agreement that prohibits this action.  Basically, in an at will employment situation, an employer can hire or fire someone for a bad reason, or any reason, or even no reason at all.  Additionally, it can increase or decrease an employee's salary or hours, , promote or demote an employee, and generally impose requirements as it sees fit.  In turn, an employee can choose to work for an employer or leave.  This holds true unless there as been some type of workplace discrimination involved.   

A personal day is not something that an employee is automatically entitled to.  As a general rule, there are no laws governing such time.  They do not have the right to use any unused time whenever they please.  The reason is that it is up to an employer's discretion as to whether or not to provide such a benefit.  Consequently, an employer may deny a request for personal time or it may approve it, as well as mandate when such time can or must be taken.

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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