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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My husband was in a car accident and was given 7 days rest

Customer Question

My husband was in a car accident and was given 7 days rest for whiplash and back injury by the doctor he saw immediately after. He put in a request to his job that he use his vacation pay for the impending week and was refused. Did they have the right to do so?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Thank you for contacting

Vacation pay is not required by law. Because of that, employers are typically free to implement their own policies with regard to when vacation may be taken. They must ultimately pay employees any accrued but unused vacation upon termination of employment based on state law, but state law does not normally dictate when employers must permit employees to use it.

Therefore, the employers refusal to permit your husband to take vacation days while recuperating, while unreasonable perhaps, is not typically unlawful.

Good luck and take care.



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