Saturday, November 19, 2011

Can an employer drop paid vacation and sick days?

I am in Washington State. I am aware that providing paid vacation time and sick days are not required by law but I need to know if when you are already provided that benefit can the employer take that benefit away with out prior notice? I have searched the web and have answers for several other states but not my own.|||PTO is a benefit or gift, it can be modified ,given or taken away with or without notice, you are correct that some states regard them as wages earned, however WA is not one of them|||Well, they can take away the sick time without notice. The PTO are considered to be earned benefits and fall under a separate law that requires the employer to provide notice to employees about changes in the accrued benefits. Some States also have laws to protect employees in this area. I would call the Department of Labor in your state and ask the question. Always go to the legal authority in the State in which you live for absolute answers related to accrued benefits.





Is it illegal, maybe, depends on the State in many cases but if I were to guess, I would say that the vacation hours, if earned, fall un ERISA laws and would require notification. The sick hours would not as they are really the "gift" that one of your responders indicated. Those benefits are considered to be "provided benefits" and do not fall under the same Federal laws. Again, check with your State Department of Labor for the real answers.|||Without a union, or a signed employment contract, a corporation in the state of Washington has you 'at will' - which means they can fire you for any reason at all. This means that theoretically, they can take away your benefits without prior notice.





I said theoretically. If the benefits you lost are substantial, it might be worth it to talk to a labor attorney in the state of Washington. Why? The judges in the state are know to be very, very pro-employee. Many of the cases I have read about rule in favor of the employee, citing that the company, being in the dominant position with regards to employment, has a heavier obligation to the employee than the employee does to the company.|||In many states they can't take away vacation that you have already accrued, but they can end the policy with no notice so you don't accrue any more. Most places they can take away sick days even those already accrued.|||Sure they can. You are not a union member so your employer can do whatever.

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