Is is legal for my employer to take my choice and vacation time without permission?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is is legal for my employer to take my choice and vacation time without permission?

I had to leave early one day because my son was sick and my employer took my vacation time without my permission to even my hours to 40 that doesn’t seem right to me and I asked him and he told me that it was mandatory and automatic bit I’ve talked to several others that don’t have that problem.

Asked on July 21, 2016 under Employment Labor Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is the employer's policy to do this, that policy is legal. If it's not the policy, they cannot, though there is effectively nothing you can do about this if you are an hourly employee: if you left early without using PTO and you are hourly, you would not have been paid for that time, so by using your vacation time for this, you were paid--i.e. you were not injured or damaged in any way (you were paid and did not lose anything) and so do not have a cause of action.
If you are salaried, then you did lose 4 hours of vacation, since you would have been paid for a half day as a salaried employee without using vacation to cover it. In theory, you could sue your employer to get those 4 hours back of for their equivalent economic value, but it's difficult to see how that would be worthwhile to to.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption