Is it ok for a company to force you to use vacation to cover time worked over 40 hours you if missed day but still worked 40 hrs which is what is required for full time statue?

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Is it ok for a company to force you to use vacation to cover time worked over 40 hours you if missed day but still worked 40 hrs which is what is required for full time statue?

Work week was 5 – 10 hour days. Employee’s child sick so could not work 1 day. They had put in 40 hours but made her use vacation to meet the 50 hours worked. They did not have any sick pay accumulated so made them use vacation since it was not preapproved absence. Since they worked their 40 hours they should not be required to use vacation or sick pay.

Asked on February 20, 2018 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If an employee missed a day, he or she can required to use vacation (or sick) time. Regardess of how many hours you work, you may not miss an entire workday without using paid time off, so a five day work-week requires a combination of 5 days worked and/or 5 days vacation (or a mix).


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