Legal Question in Employment Law in Virginia

For clarification: Even though I use vacation to cover sick days and/or doctor's appointments, it is still legal and ethical in the state of Virginia for a company to count these paid vacation days as lost time and use this to my detriment on a performance review?


Asked on 5/07/12, 4:45 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Under state as well as federal law, Virginia employers are under no obligation to

provide employees with paid personal leave, whether it be counted as sick

or vacation leave, and if such employers wish to count the use of

such leave adversely against a particular employee in his or her performance evaluation, I know of nothing in the referenced law that would prevent

such action on the part of an employer.

This answer, of course, only addresses the legality of such action by an employer and not whether it may or may not be ethical.

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Answered on 5/07/12, 9:26 pm


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