annieaa71
02-05-2009, 10:47 AM
I have an family member who asked for time off for personal reasons. She was approved for that time off, and has a written 'okay' for it from her center director. She came into work in the morning (as her request off was for a 'half day' off in the afternoon), and now her boss tried to tell her she couldn't go and that if she went it would be insubordination. She's in the right as she has documented discussion and agreement of her time off request between her and her center director (supervisor), as well as she has documented the co-center director (asst. supervisor) affirming that that she could indeed leave for the event that she had to go to. Are there any labor laws to further back her up?
Thank you,
Annie
San Diego
Pattymd
02-05-2009, 11:35 AM
She may be "in the right" ethically, but there is no law that prohibits the employer from rescinding previously approved time off. Sorry.
So to clarify,
There are no current laws that would prevent an employer from "changing" their minds pos facto?
Is Vacation Hours accrued an "entitlement" or is it a "previlige?" Please help me clarify. Thank you.
PMC
Both. Eventually being paid vacation earned is an "entitlement". Taking vacation when you want to is a "previlige?".
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination.
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6.
Q.
Can my employer tell me when to take my vacation?
A.
Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by controlling when vacation can be taken and the amount of vacation that may be taken at any particular time.