Can my employeer force me to use vacation time if they close for business due to inclement weather?

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Can my employeer force me to use vacation time if they close for business due to inclement weather?

Last Thursday, January 4th, my employer sent out notification via text message and phone calls, that they would not be open for business due to the approaching storm before the normal hours of operation. As a result, 8 hours were subtracted from my accrued vacation time as well as my fellow hourly employees. Salaried employees were unaffected. Is this legal?

Asked on January 8, 2018 under Employment Labor Law, Massachusetts

Answers:

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

Answered 6 years ago | Contributor

First of all, not all employees be treated the same or even fairly, absent some form of legally actionable discrimination. And this does not appear to be the case in your situation. Further, vacation time (or PTO) is not legally required to be given. Therfore, to the extent that an employer chooses to privide it, it has a great deal of say over when and why it is used. Accordingly, unless you have an employment contract or union agreement to the contrary, you have no claim here.

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

Answered 6 years ago | Contributor

First of all, not all employees be treated the same or even fairly, absent some form of legally actionable discrimination. And this does not appear to be the case in your situation. Further, vacation time (or PTO) is not legally required to be given. Therfore, to the extent that an employer chooses to privide it, it has a great deal of say over when and why it is used. Accordingly, unless you have an employment contract or union agreement to the contrary, you have no claim here.


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