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Can my employer decrease the number of sick time and

Customer Question
vacation time we currently have...
Can my employer decrease the number of sick time and vacation time we currently have and also eliminate the Personal day we have?
Submitted: 2 years ago.Category: Employment Law
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2/8/2016
Employment Lawyer: Lucy, Esq., Lawyer replied 2 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Because employment is at will, one of things an employer can do is change the terms of employment going forward at any time. There is unfortunately no law that prevents employers from deciding to reduce the number of sick or vacation days it gives employees, as long as the reduction is not based on illegal discrimination, and as long as the employees get notice in advance. Once the change becomes effective, any employee who continues working for the company will be considered to have agreed to the new terms, and the change will be legal. The employer is not required to continue benefits for existing employees unless anyone has a contract that says they're entitled to those benefits.

People who have earned, unused vacation, personal, and sick days still need to be able to take those days, because you earned them, and you worked with the expectation of being allowed to use them.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Experience: Former judicial law clerk, lawyer

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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