Sometimes people in my office call out sick and do not use their vacation day or personal day, either they are saving it for something else, or they don't have any time left. My question is if the employee chooses to take the day off without pay can the employer decided to use the employee's personal or vacation days with the employee's consent?

Yes. ..............

Yes. ..............

Ah, now I see how you got a response to take with just "yes". ;)

I am in Massachusetts and I just want to confirm that the employer, not the employee, decides whether or not to apply paid leave to an absence. The employer can decide to apply vacation time to an absence with OR WITHOUT the employee's consent.

If the employee wants to save their vacation for a later time they would be well advised not to take any time off until that time.