Can an employer force you to take unpaid time off prior to a paid holiday?

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Can an employer force you to take unpaid time off prior to a paid holiday?

Asked on October 4, 2012 under Employment Labor Law, Texas

Answers:

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

Answered 8 years ago | Contributor

I know that this is tough but it is legal. The fact is that the majority of employment arrangements are "at will".  This means that an employer can generally impose requirements as they see fit. Absent something in the nature of an employment agreement, union contract or stated company policy this holds true (also if some type of discrimination is a factor).

So while employees generally see vacation as an automatic condition of their employment that can use as they see fit, the law doesn't see it this way.  Vacations are not legally required. To the extent that an employer institutes such a policy it is a discretionary benefit and as such the employer can design it any way it chooses. This includes if and when to allow an employee to take this time.


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