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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19947
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have worked for the same person for 7 years never a

Customer Question

I have worked for the same person for 7 years never a written contract, never any written complaints. He decided to take away time off is that legal
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sorry Kentucky
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Not sure what that means I work fulltime
JA: Anything else you want the lawyer to know before I connect you?
Customer: Sorry, not sure what else is relevant
Submitted: 1 month ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 month ago.

Hello,

Thank you for the information and your question. If by taking "away time off," you mean you now are no longer offered paid vacation or sick leave, then the answer depends on a few factors. If that is not your question, please respond to this answer and tell me specifically what you mean by "time off" and provide enough facts to put your question in context. But, assuming that is what you want to know, my answer is below.

Currently, there is no Federal or Kentucky law that requires an employer provided any paid vacation or sick leave. That may change in the future, but that is the law as it stands. Therefore, if an employer does offer it, then it is voluntary on their part and they get to set the rules for accrual, use, etc. They can withdraw the benefit, however, there are some constraints in being able to lawfully do so.

First, the leave that has already accrued cannot be lost unless the employer gives the employee a reasonable amount of time to use it before they lose it. In other words, the change in policy needs to be prospective and not retrospective. Also, if there is a contract that says the employee is entitled to it, the employer must comply with that. Finally, the employer cannot just target one person for removal of the benefit if they are doing so simply because of the employee's gender, race, national origin, age (over 40), disability, religion, pregnancy or military service.

Please feel free to ask for clarification if needed, or clarify your facts if you believe I misunderstood the brief facts you supplied. If you have no further questions, then if you could let me know I answered your question and also leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you.

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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