If I don’t produce an excuse for my absence from work can I be terminated from my employment even iI have vacation days?

UPDATED: Feb 16, 2012

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If I don’t produce an excuse for my absence from work can I be terminated from my employment even iI have vacation days?

Asked on February 16, 2012 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you don't have an employment contract (including a union agreement) protecting your employment or limiting the grounds for termination, you may be fired for any reason, including being out without what the employer, in its sole discretion, deems an acceptable reason.

2) As to vacation days: this depends on your employer's policy about vacation days. If, like most employers, it requires that vacation days be scheduled and approved in advance, then you could not use them after the fact to cover for an absence. Only if the employer's demonstrable policy has been to let people take or use days without prior approval or scheduling would you seem to have some basis for using a vacation day for the absence and not being terminated.

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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