Is it legal to make me take sick leave or vacation for time off?

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Is it legal to make me take sick leave or vacation for time off?

I took 2 days off work to talk to my daughters counselors at school. When we turned in our time sheets at work I marked those 2 days off without pay. She told me I could not do that any more that I had to use either sick pay or vacation time. We had a meeting the day before and it was never mentioned. I think this

Asked on January 24, 2017 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

The fact is that a company can change its policy at any time. That is as long as doing so does not violate an employment contract or union agreement. Also, it must not constitute any form of legally actionable discrimination. Absent that, a company can set the conditions of the workplace much as it sees fit or deems appropriate. Additionally, since sick days and vacation time is not legally mandated, an employer can choose to give them or not. To the extent that it does provide such benefits it has a great deal of say over when and how they are used.

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

Answered 4 years ago | Contributor

The fact is that a company can change its policy at any time. That is as long as doing so does not violate an employment contract or union agreement. Also, it must not constitute any form of legally actionable discrimination. Absent that, a company can set the conditions of the workplace much as it sees fit or deems appropriate. Additionally, since sick days and vacation time is not legally mandated, an employer can choose to give them or not. To the extent that it does provide such benefits it has a great deal of say over when and how they are used. 


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