Is it legal for a company to force an employee to use vacation on a Saturday and Sunday if they take off on a Monday and a following Friday?

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Is it legal for a company to force an employee to use vacation on a Saturday and Sunday if they take off on a Monday and a following Friday?

If an employee only takes a Friday or a Monday off 9 vacation hours are used. If they take a Friday and a Monday 36 hours are used. In this situation the employee is an exempt worker who is working a 45 hour week 9 hours Monday to Friday. They are not scheduled to work Saturdays or Sundays.

Asked on April 12, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal so long as you are made aware of the policy before taking the days off. Companies do not need to provide vacation days at all--there is no legal requirement for them. Since it is voluntary to provide vacation, companies have a great deal of discretion about vacation policy, and can craft rules that, for example, discourage 4-day weekends. The only restriction is employees must be aware of the policy before they schedule their days, so that by scheduling the vacation with knowledge of the policy, they can be held to have consent to it.


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