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Can Your California Employer Deny Your Vacation Request?

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More than 73 percent of private industry workers are provided with paid vacation days. While your employer may provide employees with paid vacation, you may wonder, “Can my employer deny my vacation request?

If you are worried that your employer may deny (or has denied) your vacation request for a discriminatory reason, contact an employment lawyer to discuss your particular situation. Consult with a Los Angeles employment lawyer at Obagi Law Group, P.C., to discuss your situation.

Are California Employers Required to Provide Paid Vacation to Employees?

No, the California Labor Code does not require employers to provide vacation to employees. However, the vast majority of employers in California provide paid vacation days to their workers because doing so can help improve productivity and prevent burnout.

If an employer provides paid vacation to an employee, they must follow specific regulations set forth by the California Labor Code. In fact, California Labor Code § 227.3 requires “earned and unused vacation” to be paid at a separation of employment.

How Much Vacation Time Can You Accumulate in California?

As you work, you accumulate vacation days. Each company in California has its own rules regarding the accumulation of vacation days. Many employers in California do not allow employees to begin accumulating vacation days until after 90 days of their employment.

In fact, an employer may even refuse to give vacation days to certain employees as long as the refusal is not based on a discriminatory reason. In addition, employers in California can lawfully limit the number of vacation days an employee can accumulate as long as the limit is reasonable.

An Employer May Deny Your Vacation Request in California

If your employment contract specifically states that your employer provides you with vacation days, you are entitled to the days you have accrued. However, employers in California can control how and when their employees take vacation days and may even deny vacation requests.

There are several situations in which your employer may deny your vacation request in California:

  1. Your employer outlined specific days/weeks when employees are not allowed to take a vacation. Your vacation request can be denied if you request vacation days during that period.
  2. If your employer requires you to give a certain amount of notice when requesting vacation days (for example, two weeks), your request can be denied if you fail to give notice within the specified amount of time.
  3. Your employer can legally deny your vacation request if too many workers have taken vacation days during the same period. They may approve your request when more workers return from their vacation to work.

These are not the only situations in which California employers can lawfully deny employees’ vacation requests. However, though California law gives employers a right to put limits on vacation time and deny requests for vacation, those limits or denials cannot be based on discriminatory reasons.

If you believe that your employer has wrongfully denied your vacation request in California, do not hesitate to speak with a knowledgeable employment lawyer. Our attorneys at Obagi Law Group, P.C., are prepared to fight for your rights. Call 424-284-2401 to get a case evaluation.

Resource:

bls.gov/opub/ted/2017/73-percent-of-all-civilian-workers-had-access-to-paid-vacations-in-march-2016.htm

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