Can an employer dictate what days you can have off for vacation?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer dictate what days you can have off for vacation?

I was told if that’s not your regular weekend to work you can’t take that day off for vacation. However, I was always under the assumption that if you earned it you can take it.

Asked on January 14, 2016 under Employment Labor Law, Georgia

Answers:

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

Answered 5 years ago | Contributor

Most employees view vacation as a mandatory benefit of employment; they think that it it theirs to take or not as they choose. However, the fact is that there is no law requiring that such time be given. It is up to the discretion of their employer. Accordingly, this is a voluntary benefit therefore an employer can tell an employee when and how much to take; it can even refuse to let an employee take it. 
Consequently, unless you have an employment contract, union agreement or company policy provides otherwise, as an at-will employee your are subject to your employer's conditions. Additionally, your treatment must not be the result of actionable discrimination.
Bottom line, while the majority of employees believe they have the right to use any banked or unused time whenever they please; this simply isn't the case. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption