My employer wants me to make up off days w/ vacation or sick time.

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My employer wants me to make up off days w/ vacation or sick time.

I work for local government City of…when it rains I can’t work and they want me to make that time up with vacation or sick time, they won’t give me the option of leave without pay. Is this Legal?

Asked on November 14, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 7 years ago | Contributor

Under the circumstamces as explained, yes your employer has a right to do this. The fact is that paid time off such as vacation and sick days are discretionary benefits and as such an employer has a great deal of say over when and how they are used. The only exception would be if this action violates the terms of any applicable union agreement or employment contract. Also, it must not constitute any form of legally actionable discrimination.


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