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

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

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

Answers:

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

Answered 11 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).


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