Does my employer have to give me time offto attendvocational school?
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Does my employer have to give me time offto attendvocational school?
Live in OR; gave 6 weeks advance notice of schooling.
Asked on August 28, 2011 Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, your employer is under no obligation whatsoever to give you time off for schooling unless--
1) You already have an employment agreement, union contract, or some other agreement from the employer guarantying you the time;
2) The employer's policy has demonstrably (or officially, as set out in an employee's handbook) been to let employees take time off for vocational school or other training, and the employer has let other staff similarly situated to you take time off, and the only reason they are not allowing you to do so is based on illegal discrimination (e.g. vs. your race, religion, age over 40, sex, disability) or retaliation (e.g. because you'd filed a worker's comp or discrimination or overtime claim).
Other than that, an employer is under no obligation to save or hold a job while the person departs for schooling, or to keep paying them or providing benefits when the stop working. If you leave, the employer may take that as resignation or quitting, unless they have specifically agreed otherwise.
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