If my company is violating company policy by not granting my paid leave time, do I have grounds to sue them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my company is violating company policy by not granting my paid leave time, do I have grounds to sue them?

I am familiar with the Act that says that no company has to provide vacation, sick, etc, but does that still apply to companies who are violating their own policies regarding time off? I have reviewed the policy and no where in there does it state that I cannot take the paid leave time that I am requesting.

Asked on September 13, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The key issue is whether the "policy" you describe creates an enforceable contract, or whether it is just guidelines which are not binding. For there to be an enforceable contract, the policy must clearly set forth, without disclaimers, that an employee has the right to take his/her leave under certain circumstances; if then, you have complied with those circumstances, they are breaching a contract.

However, if the policy does not clearly give you such a right or contains disclaimers, then there is likely no contract and thus no actionable breach. Then the secondary issue becomes this: if you have time off which you have either earned or accrued as part of your compensation, you must be allowed to take it at some time--but the company does have discretion to (within reason) tell  you when you may use it, or how many days in a row you may take, so as to avoid disruption, understaffing, etc. at work. So they can't prevent you from taking it forever, but they may put restricitons on how and when you use the leave.


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 lock Secured with SHA-256 Encryption