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LEV
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Experience:  Taxes, Immigration, Labor law
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Can my employer deny me vacation time even though its ...

Customer Question

Can my employer deny me vacation time even though its part of my benefit and I'm giving 4 months notice?
Submitted: 7 years ago.
Category: Legal
Expert:  LEV replied 7 years ago.
Please specify your state - the law might be different.
Customer: replied 7 years ago.
I work for a nation wide retailor headquartered out of San Fran (public company) but I work out of Miami, FL. It is a sale driven job but we are always guilted for requesting any vacation time due to the "numbers" and told to sign some sort of commitment form that states we will make our goals before any vacation time is approved. It was never that way. Only until my current area manager took over our region and since then we've lost a lot of good workers. I'm just wondering if he is making up his own company policies. Is that even legal? Should I challange it or start looking else where for work?
Expert:  LEV replied 7 years ago.

As your job locates in the Florida - Florida state laws apply. - http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0448/titl0448.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%20448

Florida doesn't have a Department of labor (DOL). Agency for Workforce Innovation oversees Wage and Hour issues since the State DOL was shut down. A toll-free number for labor law questions - 1-800-342-3450. - http://dlis.dos.state.fl.us/fgils/laborlaw.html Other contact information - http://www.floridajobs.org/about%20awi/awi_contacts.html

The Wage and Hour Division (WHD) of US Department of Labor is responsible for administering and enforcing some of our nation's most comprehensive labor laws - see Florida District Office Locations and contact information here - http://www.dol.gov/esa/contacts/whd/america2.htm#Florida

There is no such law that requires employers to provide vacation time or paid for it. However, since employers establish the vacation policy - they must follow.

These benefits are matters of agreement between an employer and an employee. In general the employer may set a procedure of taking a vacation and may deny the vacation based on the business needs.

In general, the employer is not obligated to pay for accumulated vacation time if the employee quits or is terminated, however if the employer's prevented timely use of vacation time - as in your situation - compensation for accumulated vacation time would be required.

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