vacation

[snowman45106]

Can an employer who does not pay you if you take a vacation also tell you you can't because it would inconvenience them?

 

[Just Blue]

Can an employer who does not pay you if you take a vacation also tell you you can't because it would inconvenience them?

What state? (you have been posting here for 11 years...you know that a state name is required when asking a question.)

 

[cbg]

Can an employer who does not pay you if you take a vacation also tell you you can't because it would inconvenience them?

Yes. There are no circumstances whatsoever under which the law of any state guarantees employees the right to take vacation any time they want, regardless of whether the vacation is paid or unpaid. You take vacation when the employer says you can, and not when you say you want.

I'm not even going to add my usual "contract or CBA" disclaimer because the odds that any employment contract or CBA prohibits an employer from refusing time off for a vacation are too low to be calculated. I am, however, going to specify that I am talking about vacation and not medical leave.

 

[cbg]

What state? (you have been posting here for 11 years...you know that a state name is required when asking a question.)

The answer is the same here in all 50 states. Besides, I remember this guy - he's in Arizona.

 

[snowman45106]

Yes. There are no circumstances whatsoever under which the law of any state guarantees employees the right to take vacation any time they want, regardless of whether the vacation is paid or unpaid. You take vacation when the employer says you can, and not when you say you want.

I'm not even going to add my usual "contract or CBA" disclaimer because the odds that any employment contract or CBA prohibits an employer from refusing time off for a vacation are too low to be calculated. I am, however, going to specify that I am talking about vacation and not medical leave.

ok than say my doctor tells me that I need some time off from work and I tell my boss this. Will they give into that?

 

[cbg]

They are only required to provide medical leave if FMLA applies. FMLA applies when ALL of the following are true:

1.) You have worked for this employer for no less that 12 months
2.) You have worked a minimum of 1,250 hours for this employer in the last 12 months
3.) Your employer has a minimum of 50 employees within 75 miles of your location
4.) You or a qualified member of your family has a serious health condition as defined by the FMLA statute.

They are entitled to medical verification of #4, in writing, from your doctor, Is your doctor prepared to lie for you?

 

[snowman45106]

They are only required to provide medical leave if FMLA applies. FMLA applies when ALL of the following are true:

1.) You have worked for this employer for no less that 12 months
2.) You have worked a minimum of 1,250 hours for this employer in the last 12 months
3.) Your employer has a minimum of 50 employees within 75 miles of your location
4.) You or a qualified member of your family has a serious health condition as defined by the FMLA statute.

They are entitled to medical verification of #4, in writing, from your doctor, Is your doctor prepared to lie for you?

yes I believe he will. I am just wondering if it would apply to me if I tell the doctor I cannot sleep because of my wife so this would be the truth

 

[cbg]

I think it is unlikely, not impossible but unlikely, that being unable to sleep because of your wife is going to qualify as a serious health condition under the FMLA statute. I'm not sure you realize that "medical leave" by itself is not protected; it's ONLY if the condition is serious enough to qualify for FMLA that it is.

 

[Shadowbunny]

yes I believe he will. I am just wondering if it would apply to me if I tell the doctor I cannot sleep because of my wife so this would be the truth

What does this even mean?

 

[Zigner]

I can't sleep because of my ex-wife sometimes...

 

[PayrollHRGuy]

yes I believe he will. I am just wondering if it would apply to me if I tell the doctor I cannot sleep because of my wife so this would be the truth

I'm going to go with a clean, "NO".

 

[quincy]

I can't sleep because of my ex-wife sometimes...

Hahaha. I have found sleeping on the couch helps.

 

[Just Blue]

Hahaha. I have found sleeping on the couch helps.

That is why God invented them.