Paid time off

UPDATED: Oct 1, 2022

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Paid time off

A co-worker of mine violated a state regulation for our work. Since I was in the same room as this co-worker, I was held accountable too. As a consequence, all of my accrued paid time off was taken away from me. Is this legal?

Asked on May 31, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF the employer makes employees aware in advance that this is a consequence of  breaking a rule, it is legal: the law does not guaranty employees *any* time off, so it is voluntary on the part of employers to provide paid time off. Since it is voluntary for employers to do this, they can put rules and restrictions on it--such as losing it for certain infractions. However, the employee must have been provided notice or warning of the consequences before they accrued the time which has been taken away, since in that case, they accrued the time subject to that term or condition. But if they were not aware of it, they worked for and earned time which was NOT subject to being taken away, and the employer may not retroactive or after-the-fact change the conditions under which the employee worked and earned the time.

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 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.

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