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


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.)

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