Can an employer deny vacation time on a holiday?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer deny vacation time on a holiday?
For instance, if an employee requests to use vacation time on a holiday weekend.
Asked on June 2, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, your employer can do this. Absent a company policy contrary to this or a union/employment contract that governs this situation, your employer can deny the use of vacation time. Although most employees believe that they have the right to use accrued vacation time whenever they choose this simply is not the case. It is perfectly permissable for an employer to deny requests to use such time, holiday or not. Conversely, an employer can mandate when and how such time is to be used. The fact is that neither federal law nor the laws of most states mandate that vacation time even be offered to employees. Vacation (or PTO) is a discretionary benefit on the part of an employer. Therefore, to the extent that private-sector employers decide to adopt vacation policies, they can design and implement their policies in most any way that they see fit.
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 AttorneyPages.com 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.