Can my employer deny my vacation time during a layoff period in Texas

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Can my employer deny my vacation time during a layoff period in Texas

I am being Laid off until 2-4-17 can they deny my vacation in Texas?

Asked on December 21, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The fact is that for the most part vacation time (PTO or sick days) are not legally required to be given by an employer. Therefore to the extent that it provides such time to its employees, a company has a great deal of discretion over when and how it is to be used. Accordingly, your employer would be within its right to deny your vacation pay. This is true so long as it is company policy and not due to some form of legally actionable discrimination or retaliation. Also, not giving you such pay must not violate the terms of any applicable union agreement or employment contract. Note: If a worker is not called back to work after a lay off and is terminated, then is a few states they must be paid for such time at the end of their employment, however TX is not one of them.


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