Can employer deny vacation requests and refuse to cash out vacation hours? This is in California.?
Hi. My boyfriend recently put in for 1 day off on vacation. The request was rejected and he was told they were too busy to allow him to go on vacation. When they informed him of this he asked if he could cash out his vacation hours since he would not be able to take a vacation this year. They told him he was not allowed to do this. Every company that I work for has allowed this. He has not maxed out his hours yet and is not losing them yet. Is this legal in the state of California?
4 Responses
Kayjay04
01 Mar 2010
Margaret C
01 Mar 2010
Yes, they can do that. They are not obligated to allow you to take vacation anytime you want to. As long as he is not loosing the vacation hours (you said they’re banked) they don’t have to pay them out either.
Sorry.
williamdixon5
01 Mar 2010
I believe they can’t reject a vacation they are supposed to let workers have vacations. If you’r not satisfied then file a law suit
Adonai
01 Mar 2010
It appears the company was wrong in denying the vacation then failing to pay out for it.
Under Government code section 227.3 your boyfriend is 100% entitles to be paid for the vacation he was denied; further, under Suastez V. Plastic Dress co (1982 cal app 3d, 774,779) this also supports his claim to the pay; in short, they let him take the vacation or pay him.
The idea of "use it our loose it" cost the Plastic dress company alot of money in compensatory damages.
Have your B.F., Contact an attorney and he will have a day of or paid for it within a few days.
This case is a state case, California. FYI.
That sounds fishy. I suggest looking for another job.