How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

My husband was in a car accident and was given 7 days rest

Customer Question

My husband was in a car accident and was given 7 days rest for whiplash and back injury by the doctor he saw immediately after. He put in a request to his job that he use his vacation pay for the impending week and was refused. Did they have the right to do so?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

Vacation pay is not required by law. Because of that, employers are typically free to implement their own policies with regard to when vacation may be taken. They must ultimately pay employees any accrued but unused vacation upon termination of employment based on state law, but state law does not normally dictate when employers must permit employees to use it.

Therefore, the employers refusal to permit your husband to take vacation days while recuperating, while unreasonable perhaps, is not typically unlawful.

Good luck and take care.



Please press the ACCEPT button so I may be credited and paid for my time by Positive feedback and a BONUS are always appreciated.

NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.

As always, I am available to clarify the answers for you. Thank you and the best of luck.

Related California Employment Law Questions