What can be done if my nephew has been denied his accrued vacation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can be done if my nephew has been denied his accrued vacation?
He has been working 6 days a week for months and is becoming very tired and sick and just wants a few days off. He’s been paying off a loan to his employer.
Asked on October 22, 2015 under Employment Labor Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The fact is that an employer is not required to provide its employees with vacation time, either paid or unpaid. However, if an employer chooses to provide such benefits, it must comply with the terms of its established policy, or with the terms of an employment contract, union agreement, etc.
That having been said, unless otherwise provided, since vacation time is a discretionary benefit given by an employer they have a great deal of control over when it can/cannot be taken. In fact, since most work relationships are "at will", a employer can set the terms and conditions of employment much as it sees fit. So unless there is an agreement governing the use of such time (as listed above) or the denial of vacation time is due to some form of actionable dscrimination or retaliation, an employer can deny permission for an employee to take their vacation time (although they would have to compenate the employee at such time as their employment ended).
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.