If your job shuts down for 9 days for a holiday and you get 2 paid holidays, can you be forced to use your vacation days even if you dont want to?

Asked on June 24, 2012 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, your employer can probably do this. This is because the majority of employment arrangements are what is known as "at will".  This means that an employer can hire or fire someone for any reason or no reason.  It can also increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit.  Therefore, absent an employment agreement, a union contract, or a stated company policy (or if some type of discrimination is a factor), an employer can mandate when and how PTO is (or is not0 taken.

More specifically, while employees generally see vacation as an automatic ight of employment that they can use as they see fit, the law doesn't see it this way. The fact is that vacations are not legally required to be provided. To the extent that an employer institutes such a policy it is a discretionary benefit and as such the employer can design it any way it chooses. 

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.