Legal Question in Employment Law in Pennsylvania
Forced Use of Vacation Time
I work at a nonprofit organization and was given a specific amount of paid vacation and sick days upon hiring. On multiple occasions, my boss, the Executive Director, has ''suggested'' days when I should use my vacation. Although not explicitly forcing me to use my vacation days against my will, the constant suggestion amounts to undue influence on my decision. As I am only allotted a certain number of days, I find it inappropriate for my boss to constantly try to force me to use them against my will. I have heard that it is against labor laws for an employer to act in this manner when the employee was not given limits as to when the days needed to be used in the first place. Is this the case?
1 Answer from Attorneys
Re: Forced Use of Vacation Time
It is a gray area. Employees are generally free to use vacation time as they see fit. But it is well within the rights of an employer to set policy to restrict times where vacation may or may not be used. But, that policy should be administered fairly across the board and cannot be subjectively applied to individuals. Nor may such a policy be enforced haphazardly without without some legitimate superceding reason.
The thing you have to remember over all of this is that an employer has wide latitude to hire and fire at will. So long as there is no discriminatory or other illegal basis for doing so there is often no recourse.
You may or may not have a claim should anything happen if you refuse to use your vacation as "suggested." Depending on the size of the organization and the relationships involved there may be a more diplomatic way to settle the matter.
Good luck.
Roger Traversa
email. [email protected]
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