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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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for 16 yrs i have been taking 4 days off in a row every month.

Customer Question

for 16 yrs i have been taking 4 days off in a row every month. now all of sudden my employer has denied this time off. can they do this?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

Hello and welcome to JustAnswer.


I'm very sorry to hear about your situation and hope I can help.


Do you have an employment contract with your employer, are you a member of a union, or are you an at-will employee?


Customer: replied 3 years ago.

yes i a member of ufcw324 union.

Expert:  Joseph replied 3 years ago.



Since you are a union member, you should check through your collective bargaining agreement and employee handbook to see if there is any provision regarding your employer being able to deny you the time off that you request.


You may also want to check with your union representative directly, since they may know this information and could assist you in dealing with your employer. If you are entitled to the days off and your employer is wrongfully denying them, you could then file a grievance.


If you were an at-will employee, your employer would be free to do this, since at-will employers have a great deal of discretion, including being able to decide when an employee takes time off.


However, as a union member there may be restrictions on the employer that allow you to take time off when you like (including four days in a row) or to require that the employer have a valid reason for denying you time off.



Expert:  Joseph replied 3 years ago.

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Thanks and best of luck!

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