paid vacation time
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paid vacation time
is it legal for an employer to repeatedly deny paid vacation requests when asked for approx 3 wks in advance in a KY nursing home?
Asked on December 15, 2016 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Do you have a union agreement or employment contract that gurantees your vacation time? Does not giving you such time constitute some form of legally actionable discrimination? In other words, is it due to your religion, race, national origin, disability, age (over 40) or the like? If not, then as an "at will" worker, your employer can set the conditions of work much as it sees fit. Further, the fact is that vacation time or PTO is not legally required to be given, so to the extent that an employer chooses to provide it, it has a great deal of say over when, how and even if it can be taken, so long as the follow their own written policies in doing so.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, it is legal. Employers have wide discretion to schedule employee and to decide when (and when not) to approve vacation schedules. There is no law guarantying holidays to employees, and no law stating that if you ask for a given date or dates a few weeks in advance, you must be given them. Employers can legally require some employees to work over holidays.
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