Time off

UPDATED: Sep 30, 2022

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Time off

My company provides me with 5 days paid time off, but now that I have requested
to take my 5 days off for a personal matter they have forbid me to take the time
off because apparently no one can take time off during June, July and August.
They said that the only reason why I can take the days off is if I leave as a
leave of absence. Is this legal?

Asked on June 6, 2017 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

Since PTO is not legally mandated, that is not required to be given under the law, then to the extent that a company does provide it, it has a great deal of say over when it is used. That is unless such an action violates the terms of a union agreement or employment contract. Otherwise, as an "at will" worker, your employer can set the conditions of the workplace much as it sees fit. This includes not allowing time off to employees during the summer months. Accordingly, you can either accept this practice, complain but risk termination, or quit.

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.

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