Can my employer take my vacation hours to pay another employee

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Can my employer take my vacation hours to pay another employee

My sister works for a store. She earns vacation time there. She is set a budget
every month. If she has employees working too many hours, and goes over the
budget, they take her vacation away to pay the employee. Is this legal?

Asked on February 8, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This is legal IF this was known to her before they took the hours away. Employer can set any policy, rules, etc. they want about accruing vacation: how and when you earn it, how you can lose it, etc. If someone continues to working someplace after having knowledge of an employer's policy in this regard, they can be held to have agreed to that policy and therefore by bound by it.
Remember: there is no legal right to vacation time--an employer does not need to provide any vacation days, ever. It being voluntary for employers to offer vacation, they can put rules or limitations on it.


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