What to do if I work full time hours at a restaurant that has created a policy that denies any time off?

We are not allowed to request any time and I have personally been denied 5 days off despite the fact that the request was put in 2 months prior. Is this legal? Do we have any rights to legal action?

Asked on June 13, 2014 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, the law does not require that employers give employees vacation days, or otherwise let them take time off, except and only to the extent that the employee qualifies for time off under the Family and Medical Leave Act (FMLA) or similar state law. Employees can be required to work anything up to  24/7/365 at employer option, unless there is an employment contract or agreement to the contrary. (If there is an employment contract, employee rights under it can be enforced the same way as any party to a contract can enforce his/her rights under the agreement.)


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.