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My company provides me with 5 days paid time off, but now that I have requested
to take my 5 days off for a personal matter they have forbid me to take the time
off because apparently no one can take time off during June, July and August.
They said that the only reason why I can take the days off is if I leave as a
leave of absence. Is this legal?
Asked on June 6, 2017 under Employment Labor Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Since PTO is not legally mandated, that is not required to be given under the law, then to the extent that a company does provide it, it has a great deal of say over when it is used. That is unless such an action violates the terms of a union agreement or employment contract. Otherwise, as an "at will" worker, your employer can set the conditions of the workplace much as it sees fit. This includes not allowing time off to employees during the summer months. Accordingly, you can either accept this practice, complain but risk termination, or quit.