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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17278
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I need a day off to go to closing on my new home. I have enough

Resolved Question:

I need a day off to go to closing on my new home. I have enough vacation time to cover the day, but my boss says I can't use it and must take the day without pay. He says I gave my work hours to another part time employee who agreed to work for me and he doesn't have the hours to pay me. Can he do this?
Thank you, Linda
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question, however, I am a bit confused about why your boss is denying your request for leave. Can you explain why they denied paid leave? Is there anything in the leave policies that supports your right to take your vacation leave for whatever reason you want? Is there anything in the policy that restricts use of vacation leave? Finally, do you have an HR Department and if so have you spoken to them about this?
Customer: replied 1 year ago.
He says he doesn't have the hrs in the budget to pay me. I work at a large bank and evidently there are an allotted number of hrs in a week that can be paid. As far as I know, nothing in policy to restrict usage of vacation time. There is an HR dept but I am afraid of repercussions if I go there.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information. Well, unfortunately, you are ultimately going to have to go to HR to not only clarify the leave policy but also file a complaint if you are being denied vacation leave that you have accrued. Your employer cannot lawfully take an adverse employment action against you for asserting your rights under their policies. That would violate the covenant of good faith and fair dealing that Arizona employment agreements are controlled by.

That said, I can't say what your employer's policies say or don't say about what qualifies for vacation leave, what rights you have to take it when you want it, and whether there is a budgetary constraint on taking it. Each employer can set their own policies and procedures for taking leave. That is because neither Arizona law nor Federal law requires that an employer even offer any fringe benefits, including paid time off.

But, the employer must follow their own policies and procedures, and if you are not paid for your time off and there is no restriction on your use of you vacation leave, then you could file a wage claim with the State or file a small claims court action for the wages you are owed.

I have to say that something doesn't sound quite right with what your boss is telling you. Generally speaking vacation leave is a benefit that you earn and the company's budget doesn't have anything to do with whether or not you have a right to be paid for your time off. So, I am guessing that this is a violation of policy and I would strongly urge you to speak to HR and then go to a wage claim if you are not satisfied with their response.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17278
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 11 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thank you. I'll speak to our HR rep. My boss kind of runs his branch his way and doesn't always go by company guidelines.
Expert:  Marsha411JD replied 1 year ago.
You're welcome and I agree that this is certainly what it sounds like. The company has to follow their own rules.
Customer: replied 1 year ago.


ok, thanks. Nothing further is needed.

Expert:  Marsha411JD replied 1 year ago.
Thank you Linda, no need to reply to this information request. I will close your question. If you receive emails that appear to be from me, they are from the Site and you can ignore them unless you have another question.

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