If my employer is threatening to take away vacation days for work not done, is this legal?

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If my employer is threatening to take away vacation days for work not done, is this legal?

Or does it all depend on my employer’s vacation policy?

Asked on January 1, 2012 under Employment Labor Law, Minnesota

Answers:

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

Answered 9 years ago | Contributor

Vacation days cannot just be taken away if doing so violates existing company policy, the provision(s) of an employment contract or union agreement, or doing so would in some way constitutes actionable discrimination. Also, vacation days that have already been earned may not be eliminated.

That all having been said, as a general rule vacation time (as well as sick days and paid holidays) are not legally mandated. This means that an employer is not required to provide them under the law. Therefore to the extent that such time is given, it is given as an employer's discretion. Accordingly, it can set the terms and conditions of such time as it sees fit and deems necessary. This includes taking away such time for work not done.

If you think that your rights have been violated, you can contact your state's department of labor to file a complaint.


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