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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20395
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My fiancé lives in New Jersey and requested to take a 2 week

Customer Question

Hi my fiancé lives in New Jersey and requested to take a 2 week vacation in April which is a 5 week in advance notice. He only has 53 hours pto so he said if he can take the extra 4 days unpaid . His supervisor approved and signed the papers. We bought our plane tickets and now his big boss says he can't take days he doesn't have hours for . He can only go for 53 hours. Is that right?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I rather be written back
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. Although I can certainly understand your frustration with what you fiance's boss has decided, there is nothing unlawful in what the employer has done. An employer always has the right to cancel permission for vacation unless there is a bargaining agreement or other contract that states otherwise. That is because there is no law that requires an employer to offer leave to their employees. So, if the employer does offer leave, they get to set the rules. That, in turn, means that the employer can cancel leave either because of an employee not having enough hours or even just because they arbitrarily decide to.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
Okay and that's even though they signed and approved it ? The sign and approval doesn't mean anything ?
Expert:  Marsha411JD replied 1 year ago.

Yes, unfortunately, that is the case. It doesn't make it right from a moral perspective, but it is legal.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 4th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I did not receive a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at:

Thank you.