Can My Employer Deny My Vacation Request?

According to the Bureau of Labor Statistics, in 2017, 74% of civilian workers and 76% of private industry workers received some number of paid vacation days. Many employers claim that time away from work improves productivity in their employees. However, some workers harbor concerns that their employers will deny their requests for vacation time. It is important for workers in California to understand the laws about vacation time.

Am I Entitled to Paid Vacation in California?

California law does not require employers to give you paid vacation days. However, most employers provide paid vacation to their employees because studies have proven that it is beneficial to both the workers at the company and the company itself.

If your employer does offer paid vacation days, he or she must comply with certain regulations set forth by the state. Under California law, paid vacation days are the same as workdays. If you quit or your employer fires you, he or she must pay you for the time you took for vacation, as long as your vacation time adhered to the company’s rules.

How Much Vacation Time Could I Collect?

California employers can outline company-specific rules about accumulating vacation days. Most companies do not allow you to begin accruing vacation until 90 days after starting the job. The number of days that you have usually increases over time, as opposed to your employer awarding you all of the paid vacation days immediately after the waiting period. As long as the reasoning is not due to race, gender, sexuality, or other discriminatory reasons, California law allows employers to give vacation days to certain employees and not others.

Some states only allow vacation days to be usable for a single year. So if you do not use your ten vacation days by the end of the year, for example, you could not add them to your vacation next year and take 20 days off. California allows you to carry days over.

However, the law allows employers to put a limit on the number of vacation days that an employee can accrue. For example, if your employer allows ten days a year but has a vacation cap of 30 days and you do not take any days off for three years, you cannot earn more in your fourth year until you have used some of your 30 days. The California Department of Labor Standards Enforcement only requires that the cap is reasonable.

When Can an Employer Deny Time Off?

If a company states in your employment contract that it will give you vacation days, it is required to give you the days promised. However, your employer does have the right to control when and how you take your vacation days. California law allows employers to outline specific days or weeks that employees cannot take a vacation. If you request vacation days during a period that the employer has labeled off-limits, he or she is legally allowed to deny your request.

California employers can also create rules about how employees take vacation time. For example, your employer may require you to submit a request for vacation time two weeks prior to the vacation. If you do not comply with the rule, your employer can deny your request. Employers can also limit the number of people who can take vacation days at one time, or they could even cancel vacation time after it’s been approved. If you request vacation during a time when many other people are already taking off, your employer has the right to deny you your vacation time until more people return to the office.

California employers can legally create rules and limits about vacation time, giving them the right to deny your request in certain situations. However, state law prohibits any employer from denying vacation requests because of race, gender, religion, or other reasons that are considered discrimination. If you believe you have been denied vacation time because of a discriminatory reason in California, contact the Los Angeles employment lawyers at Mathew & George for a FREE consultation.