Can My Boss Deny Time Off Request? | Coast Employment Law (2024)

FAQs

Can My Boss Deny Time Off Request? | Coast Employment Law? ›

Your employer can generally deny your request for time off if you are using vacation time, paid time off (PTO), or sick time. There are a few exceptions to this general rule, however. For example, Maryland, New Jersey, and Michigan have laws that require employers to provide paid sick time to employees.

Occasionally, denying PTO requests becomes an unavoidable decision. While legally, employers can deny vacation requests, compliance with laws like the FMLA is non-negotiable. These scenarios require careful navigation to ensure legal obligations are met.

In general, an employer has the right to deny a vacation request from an employee. However, the specific circ*mstances surrounding the employee's request and the employer's reasons for denying the time-off request can be subject to legal limitations.

Can my boss not approve my leave? Yes, your boss can choose not to approve your leave, depending on the legitimate business reasons you provide and that you deny vacation requests consistently.

Simply put, the only acceptable reason to deny time off is based on business needs. If being understaffed during this period could jeopardize the performance of your organization, you can deny this time off request.

In general, yes, employers may require the use of vacation/paid time off (PTO) and restrict its use. When there are no legal requirements, such as state and local paid leave laws, restrictions on when and the increments in which PTO may be used, are common.

If you are absolutely not willing to work, but your employer will not give you the time off, you can decline to appear for work. Just like an employer can terminate you for any legal reason, you can usually choose to end your employment relationship with them for any reason.

Employers can't target employees for firing specifically simply because they're exercising their right to personal, medical, or other legally protected leave. If your boss fires you for making a legitimate leave request for a situation covered by the FMLA, they've violated your rights.

Your employer is within its rights if you get fired for not answering on a day off, but only if you were not promised a different arrangement in an employment agreement.

From a legal standpoint, if you've earned, but haven't used, eight vacation days, you can use those eight days as part of your two weeks' notice of resignation. This is due to the fact that the law in most states says that earned, but unused, vacation time must be paid out to employees who are leaving.

What to do if manager is not approving leave request? ›

If you are finding that your manager mostly rejects your leave application, suggest seeking some time to discuss this with him/her and understand how you can avail time off. In case your manager has no time or ignoring you, then speak to the Department Head or HR.

If your vacation request is not covered under FMLA, your employer can deny it. To appeal to a denied request, find out why it was denied by having a conversation with your manager and take the issue to an HR representative if you're having a difficult time finding out why it was denied.

You may deny a medical leave request that would cause significant difficulty or expense, unless the employee has a right to leave under the Family and Medical Leave Act (enforced by the Department of Labor) or a state or local law.

The first and most practical action you can take is to speak directly with your supervisor. The goal of this conversation should be to understand why the request was denied and what, if anything, you can do to have it approved. It can help to think of this conversation as a negotiation.

Employers can deny employee requests even for accrued vacation time, and it can sometimes have to do with peak times for a PTO request, certain situations or holidays, or how many employees are scheduled during the requesting time.

The State of California's Paid Sick Leave Laws

It is illegal for a California employer to terminate your employment if you use sick leave that you have accrued and are entitled to use. If you are fired for using your sick leave, you might be able to file a lawsuit for wrongful termination.

If an employer discovers a mistake or realizes the approval was based on inaccurate information, they may revoke the vacation to rectify the situation.

So to summarize, yes, your boss can fire you for not answering your phone on your day off. Some employers are respectful of employees' time off. Others may abuse at-will employment laws and harass you consistently on your days off.

You don't always need a good reason to take a personal day. Sometimes you may just need to take a break to recharge, especially if you haven't had a vacation or a day off in a long time.