Can an employer control how many unpaid requested days off you can take and force for unpaid time off to be accrued like paid time off?

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Can an employer control how many unpaid requested days off you can take and force for unpaid time off to be accrued like paid time off?

I work for a company that requires non-corporate employees work 6 days a week and corporate to work 5. As of a month and a half ago, they started to heavily control unpaid time-off requests. They provide 6 unpaid sick days which now they state include requested days off. They are also saying prior to requesting days off, you must accrue unpaid time off, for which a rate has not been established. Can a company have this much control over requested unpaid time off?

Asked on August 22, 2012 under Employment Labor Law, California

Answers:

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

Answered 8 years ago | Contributor

Employers can generally set the terms and conditions of the workplace has they see fit. This includes when and how unpaid time off is allowed/administered.

Th exceptions to the above would if the issue of unpaid time off is specificlly adressed to the contrary in an employment conract, union agreement or company policy. Additionally, no form of actionable discrimination must play a factor in just when such time is/isn't allowed.


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