- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
Read more → -
Vacation Time From Work
Many employees are provided time off to take a vacation. The employer usually decides the length and timing of an employee’s vacation time. However, there is currently no federal or state law that legally mandates employers to offer their employees paid or unpaid vacation time.
Notwithstanding, many employers choose to do so to remain competitive and enhance employee wellness and morale. If an employer offers paid vacation, it must comply with applicable state law.
If Company Offers Vacation Time They Can Place Restrictions
There is no federal law that requires your employer to give you vacation time – paid or unpaid. However, if your employer does agree to provide vacation, there are some restrictions your employer can place on your vacation time.
Timing of vacations
Generally, your employer can decide when you can take your vacation. For example, if you work for a department store, you might not be allowed to leave during a busy holiday season. Also, if your employer’s vacation policy says that all vacation time must be approved in advance, that’s probably legal. Limits on accumulated vacation time Your employer probably can put “reasonable” limits on how much vacation time you build up.
Limiting the amount of vacation time
Some employers put a “cap” on the amount of vacation time employees can build up so that there aren’t too many people trying to take long vacations all at one time. “Use it or lose it” Some states have specific laws that say employers cannot have a “use it or lose it” vacation time policy. That’s because those states think of vacation time as just like wages: once you earn the time, the employer can’t take it away.
No “use-it” or “lose-it” vacation time – but check with your state
If you live in one of those states, once you have earned your vacation time, you cannot lose it just because you don’t have time to take it or your employer won’t let you take it. Call the state agency that deals with wage and hour problems to see if you live in a state with a law prohibiting “use it or lose it” policies.
Payment for unused vacation time
In some states, if you quit or get fired, you should be paid for any vacation time that you didn’t use. Call your state agency that deals with wage and hour problems to see if you have the right to be paid for your vacation time when you leave your job.
