How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116713
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can my employer force me to take time without pay and not be

Resolved Question:

Can my employer force me to take time without pay and not be able to use vacation time.
Submitted: 8 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 8 years ago.
Vacation time is solely at the discretion of the employer as to how and when it is used. Thus, there are times, such as under the Family and Medical Leave Act (only as an example) where the employer can dictate the time be without pay and not allow vacation or sick time use.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 8 years ago.
I am still unclear. Should I be able to use my vacation time. The company said no we cannot use vacation days.

1. In massasschutes is this legal ?
Expert:  Law Educator, Esq. replied 8 years ago.
I am sorry, Under MA law and all state laws, vacation time is at the SOLE DISCRETION of the employer. Employers do not have to give vacation days and in instances where they do, the employer can dictate how those days are used and can tell an employee they cannot use them for certain reasons. This also occurs in temporary shutdowns or layoffs where the employer prohibits the use during that time. So the employer can refuse to allow you to use vacation time and make you take time off without pay.
Law Educator, Esq. and other Employment Law Specialists are ready to help you