Can a employer refuse to pay for used paid vacation time if it was approved by their GM?

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Can a employer refuse to pay for used paid vacation time if it was approved by their GM?

The vacation was approved by a GM so I took the vacation on the pretense that it was paid. I have this in writing and proof that it was not paid.

Asked on September 14, 2019 under Employment Labor Law, Texas

Answers:

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

Answered 1 year ago | Contributor

The fact is that an employer does not have to provide vacation time, so the the extent that it is provided they have discretion as to when it may be taken. That having been said, once approved by management then such time off must be honored. If it was not otherwise revoked prior to your taking off, then you had the right to rely on such approval and accordingly you must be paid. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, if it was approved by management and the approval was not rescinded or revoked prior to you taking it, they have to pay you: it was properly authorized and you took your vacation only on reasonable reliance on that approval. If they will not pay you, you could sue them for the money if the TWC does not help you.


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