Can your employer force you to take your vacation time?

UPDATED: Jun 23, 2015

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Can your employer force you to take your vacation time?

We are a nursing home that is low census and they want to cut hours so they are forcing people to used their vacation time.

Asked on June 23, 2015 under Employment Labor Law, Iowa


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

Answered 7 years ago | Contributor

Yes, an employer can do this. The fact is that vacation time is not required to be provided to employees under the law; it is a discretionary benefit. Therefore, in most states, an employer has a say in when and under what conditions such time�may be taken.

As a general rule, unless there is an employment contract, union agreemnt or specific company policy to the contrary, or some form of actionable discrimination is a factor in the employee's treatment, an employer can set the terms and conditions of the workplace as it sees 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 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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