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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 2957
Experience:  associate attorney
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If an employee has requested vacation time and it was

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If an employee has requested vacation time and it was granted at the time requested, then an emergency situation arises, i.e., another employee is off on medical leave by drs. order, can the employer legaly tell the employee that she cannot have the requested time off? What if she "says" she has already paid deposits (which is unlikely).
JA: Because employment law varies from place to place, can you tell me what state this is in? PayPal, Debitcard or credit card are all fine.
Customer: California.....
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a but and I will draft you an answer.

Customer: replied 6 months ago.
hi, Chris: I am having to leave the office right now....but if you can give me an answer on my email, I would greatly appreciate it. Thank you. Shirley

We can only post responses here but the site should send you an email with my answer. I have no control over that as I am only an independent contractor and not an employee of the site.

Since you are an at will employee, you need to look at the company policies and procedures. It is unlikely that this will give you any protections but it is possible. An employee does not have a legal right to get vacation time at a certain time. The employer can tell the employee that they cannot take it at that time. DO know that if the employer is offering vacation time, the employer must give time off during the year at some point. There is no right that the employee get a certain time off if an emergency situation arises only that they will get paid time off at some point. The employee is an at-will employee and could legally be fired with no recourse if the employee takes the time off anyway.

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Just checking back in, do you have any further question?

Customer: replied 6 months ago.
Thank you for your information. Our policy (which we are updating currently) encourages the employer to take vacation when due with a notation that we need a 60 day notice in advance and employer will make every effort to comply with the request. (However there is nothing that says we are required to give the time off in the policy) The employee did comply with the 60 day advance notice.

You would not have to give the time off for that particular time, it simply (if offered) has to be given that particular year (or whatever time period vacation time off is set up for). You are not locked into a particular time period as the needs of the business can and do change.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

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