Can an employer force you to take a vacation day if you are salaried exempt?

UPDATED: Oct 1, 2022

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Can an employer force you to take a vacation day if you are salaried exempt?

My position with the company is the Operations Manager. I handle all accounting, cashflow projections, and oversee the operations of 3 full-time employees and 2 part-time employees. I had requested a vacation day, in advance for a Friday. After returning from my Friday off, I calculated the hours I had worked to generate payroll. I noticed that I had 40.2 hours before adding in my vacation day. I told my employer that I wanted to retract my vacation day since I already put in 40 hours. Her exact response was,

Asked on September 27, 2018 under Employment Labor Law, Ohio


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

Answered 4 years ago | Contributor

Unless you have an employment contract or union agreement, you are an "at will' worker. This means that your company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discriminaton). Further, vacation time is not legally mandated. This means that to the extent that your employer chooses to provide it, it has a great deal of say over when it is used.

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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