If I find out today that I no longer have a job for next school year, can I take the remainder of the school year as vacation since I will lose it anyway?

I work in a school district. I currently have approximately 300 hours of unused leave time. I work 35 hours a week, so I certainly have enough hours.

Asked on April 21, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can only do this if--
1) you have a written contract, including a union or collective bargaining agreement, guarantying you the right to use this time without employer consent; or
2) the employer agrees to let you do this.
Otherwise, employers have tremendous discretion about approving--or not approving--employee vacation, and could reasonably and legally refuse to let you take 8 1/2 weeks of vacaction on short notice, since that affects their staffing, coverage, etc. They could simply say "no" to your request unless you have a contractual right to use the vacation whenever you want, regardless of their approval.


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