Paid time off

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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