Can you discipline an employee by taking away a vacation or personal day?

Posted 01-12-2010

Ann Kiernan replies:

Unless there is a union agreement or employee handbook provision to the contrary, I know of no reason that you can take away a vacation or personal day that has not yet been earned or accrued. You may want to check with your State’s Labor Department, just to be sure.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.