Can an employer control how many unpaid requested days off you can take and force for unpaid time off to be accrued like paid time off?

UPDATED: Aug 22, 2012

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Can an employer control how many unpaid requested days off you can take and force for unpaid time off to be accrued like paid time off?

I work for a company that requires non-corporate employees work 6 days a week and corporate to work 5. As of a month and a half ago, they started to heavily control unpaid time-off requests. They provide 6 unpaid sick days which now they state include requested days off. They are also saying prior to requesting days off, you must accrue unpaid time off, for which a rate has not been established. Can a company have this much control over requested unpaid time off?

Asked on August 22, 2012 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Employers can generally set the terms and conditions of the workplace has they see fit. This includes when and how unpaid time off is allowed/administered.

Th exceptions to the above would if the issue of unpaid time off is specificlly adressed to the contrary in an employment conract, union agreement or company policy. Additionally, no form of actionable discrimination must play a factor in just when such time is/isn't allowed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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