If I took a day off that I thought was approved but it wasn’t, can I be forced to use my vacation time to cover it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I took a day off that I thought was approved but it wasn’t, can I be forced to use my vacation time to cover it?
My approvals are verbal for any written request. My supervisor said I did not provide a written request. I have worked here for over 16 years. I was written up and told I would have to take the day without pay or use 2 of my 23 vacation days left for 1 vacation day taken. Is this legal?
Asked on July 16, 2015 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If your employer's policies required a written request and you did not provide one, or require approval of vacation days before their use and you did not receive (or cannot prove you received, which is effectively the same thing) approval, then they can sanction you for violating their policy and taking an unauthorized day. If their policy has been to dock you an extra day for each unauthorized day, they can clearly do this; if that was not their policy, it's possible that they may not be able to directly to this, but since they could, in the alternative, suspend, fire, or demote you (unless you have a written employment contract preventing this; otherwise, you are an employee at will and may be fired, or anything short of being fired, at any time, for any reason, including misuse of vacation time), you may wish to accept this sanction rather than make an issue of it.
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 AttorneyPages.com 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.