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A vacation request was put in for over a month ago and was…

Customer Question
A vacation request was...

A vacation request was put in for over a month ago and was just approved friday. i wasnt able to make plans and put in a second request for a later date now im being told i have to take original vacation. is that legal?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

My boss called upper management and they said i had to take it because the schedule is already made

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a disability and new restrictions so boss isnt happy with me. i feel its punishment

Submitted: 2 months ago.Category: Employment Law
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Answered in 2 minutes by:
6/3/2018
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago
Eric. Y., Esq.
Category: Employment Law
Satisfied Customers: 680
Experience: General Counsel at UniversalMed Supply
Verified

Hello. My name is Eric. I am an attorney and can assist you.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

What state do you work in?

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Customer reply replied 2 months ago
california
Customer reply replied 2 months ago
i cant afford it. im off 7 days now with no pay
Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

No problem. One moment while I formulate my response.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

California has no legal requirement for an employer to provide its employees with either paid or unpaid vacation time.

Employers have a lot of freedom to shape their vacation policies when it comes to scheduling. In general, employers can decide when and how employees may schedule their time off from work. An employer may, for example, require that employees submit vacation requests a certain number of days or weeks in advance. Employers can also set aside certain “blackout” dates during which no employees may take vacation, such as the holiday season for a retail business or the tax season for an accounting firm. And, an employer can place limits on the number of employees who can be out on vacation at the same time.

As long as the employer’s decisions are not discriminatory based on race, sex, religion, disability or another protected class under California or Federal Law, the employer is free to set the parameters in which vacation is scheduled.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

You are, however, entitled to payout of vacation/PTO at the termination of your employment. Be sure that you properly reconcile your time if you were to leave that job so that you can be properly paid for your unused PTO.

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Employment Lawyer: Eric. Y., Esq., Lawyer replied 2 months ago

I hope this information was helpful, if so, please kindly rate my response on a scale of 3-5 stars. Thank you.

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Satisfied Customers: 680
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Experience: General Counsel at UniversalMed Supply

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