Palmetto, FL asked in Employment Law for Florida

Q: I live in Florida and my employer is telling employees to take days off and using our vacation time. Is that legal?

Its a small business. I know they are struggling, but it doesnt seem fair to be told from one day to the next that you will have to takee a day off and use a vacation day.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: This is NOT as unfair as it looks to you; why? Because (unless there is a written employment agreement) Florida employers are not required to give any of their employees any paid leave time or sick leave time or any leave time.

Why? Because Florida is an “at will” state, which means Florida employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” So your employer is trying to be fair to you--by allowing you to take annual leave time off--instead of just letting you go.

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