Does my employer have to give me time offto attendvocational school?

Live in OR; gave 6 weeks advance notice of schooling.

Asked on August 28, 2011 Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, your employer is under no obligation whatsoever to give you time off for schooling unless--

1) You already have an employment agreement, union contract, or some other agreement from the employer guarantying you the time;

2) The employer's policy has demonstrably (or officially, as set out in an employee's handbook) been to let employees take time off for vocational school or other training, and the employer has let other staff similarly situated to you take time off, and the only reason they are not allowing you to do so is based on illegal discrimination (e.g. vs. your race, religion, age over 40, sex, disability) or retaliation (e.g. because you'd filed a worker's comp or discrimination or overtime claim).

Other than that, an employer is under no obligation to save or hold a job while the person departs for schooling, or to keep paying them or providing benefits when the stop working. If you leave, the employer may take that as resignation or quitting, unless they have specifically agreed otherwise.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.