Can Ibe refused earned vacation time?

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Can Ibe refused earned vacation time?

I’m management. I have 6 vacation days owed from last year that I want to now use. I gave more than 1 month’s notice. However, I was informed that I could not take the time “in the weeks before or the weeks after” 11/04 (my flight day). There was o offer made to reimburse me for the considerable expense of rescheduling the trip. I am concerned that I  will be fired for some specious reason if I decide to go anyway.

Asked on October 19, 2010 under Employment Labor Law, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, your employer is within its legal rights here.  Vacation time is a discretionary benefit that may or may not be provided by an employer.  Accordingly, it is a benefit that an employer may control when, and if, it is taken. Federal, and most state laws, do not regulate such time.

Absent a company policy, or an employment or union contract, or some form of discrimination, an "at will" employee can either accept these terms or work for someone else.


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