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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35406
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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In California, does an employer have the right to require an

Customer Question

In California, does an employer have the right to require an employee to divulge the reason for the employee's request to exercise accrued time off as a condition of approval for said time off?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  LawTalk replied 3 years ago.

Good afternoon Kelly,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Unfortunately, CA is not very employee friendly when it comes to the taking of vacation time, and the employer pretty much is allowed to make the rules----even if those rules seem unfair, and I do empathize with your position if you are the employee.

CA grants employers a lot of leeway when it comes to granting leave, even if vacation time is accrued by the employee. In fact CA law goes so far as to allow an employer to actually dictate the times when an employee must use their vacation time.

There is no law prohibiting an employer from asking the employee the purpose of them wanting the vacation time, but likewise there is no legal obligation of the employee to explain why they want it. In the end though, as the employer has the right to grant or deny vacation time requested by the employee---the employer can refuse to grant that vacation time as requested if the employee will not disclose the reason for wanting to take it.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

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