Is it legal I’m sick today and my employer is trying to tell me I have to use a vacation day to take off?

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Is it legal I’m sick today and my employer is trying to tell me I have to use a vacation day to take off?

I was told if I were to take off due to being sick today I would be forced to use a vacation day is that able to be enforced.

Asked on May 17, 2017 under Employment Labor Law, Kentucky

Answers:

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

Answered 3 years ago | Contributor

As a general rule, an employer need not pat PTO (i.e. vacation or sick days). Therefore, to the extent that it chooses to do so, it can set the circumstances under which it is used. Accordingly, it can mandate that vaction time be used to cover an absence. That is unless doing so would violate the terms of an employment contract or union agreement. Otherwise, in an "at will" employment relationship, a company can set the conditions of the workplace much as it sees fit, absent some form of legally actionable discrimination.


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