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  • Vacation Request denied: what to do New York

    hello,

    I have accrued vacation time and I submitted a
    vacation request of 5 days to my boss,

    but for unknwon reasons they have been denied

    Ive a good relationship with my boss but
    I think this is not right.

    What do you suggest?


    Thank you

  • #2
    I suggest you show up at work.

    There is no law that says an employer has to give you vacation time because you request it.

    They are legally allowed to fire you for not showing up on your vacation days... even if you submitted the request in advance.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Agree with Jeff. Nothing in the law of any state requires an employer to approve vacation time when you ask for it. It is legal in all 50 states to deny a vacation request and they are not obligated to provide you with a reason.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        so when should i re submit ??

        oK thanks,

        So I guess I am not entitled to ask for explanations of denials.....

        But on my opinion, if I want to resubmit my request later on,
        my boss should cooperate and/or propose a sugested period

        isn it?

        Comment


        • #5
          It would be nice of him, yes, but he is not compelled to do so by law.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            law unlawful

            the law also gives the right to employees to

            use accrued vacation days


            so the 2 statements are in contrast to each other!

            Comment


            • #7
              Originally posted by gigant View Post
              the law also gives the right to employees to

              use accrued vacation days


              so the 2 statements are in contrast to each other!
              You want to provide a link to the law that says so?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Show me where it says they're allowed to use them whenever they want whether it's convenient for the employer or not.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  can't find the exact link on my company "handbook"
                  but
                  it states "vacations leave for all regular employees is 15 days
                  per calendar year and is accrued at a rate of 1.25 days per month""

                  "it also states the scheduling vacations must be coordinated
                  with the company business needs"

                  so what the sense to have this accrual regulation if
                  the company and my boss overpower my rights???

                  better say " i send u on vacation if and whenever I want to"!

                  Comment


                  • #10
                    Fine. Since clearly the only answer that is going to satisfy you is that your employer is required to let you take time off whenever you want to and has no legal right to regulate his business, stop talking to us, get on the phone to any lawyer you choose and tell him how your employer is violating your rights.

                    Then come back and tell us what he says.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Agreed with Patty and CBG. I understand this is not the answer that you are looking for but the law says what it says, not what people want it to say.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        Besides, an employee handbook hardly EVER rises to the level of an enforceable contract. And even if it did, you would have a breach of contract, not a violation of wage and hour law.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          A professional is supposed to weigh his/her company's needs against his want for a vacation.

                          In the same way you wouldn't want your company telling you when to take your vacation, you cannot tell the company when you want to take it... without some give.

                          However, there is one way to get the vacation you want when you want with no one telling you differently. Demand it.

                          Some states require the payment of vacation as part of the termination agreement. So it will be paid time off.

                          Of course, it will be a really long vacation.
                          Not everything that makes you mad, sad or uncomfortable is legally actionable.

                          I am not now nor ever was an attorney.

                          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                          Comment


                          • #14
                            Have you talked to your boss about why the request was denied?

                            Is it a busy time? Too many others off then? Five days is too many?
                            If you ask about the reason it was denied, maybe you and you boss can reach a way to work around it.

                            If you have specific plans, its always better to get the vacation approved ahead of time before you make deposits, reservations etc. I dont know if that is your situation but its a good suggestion.

                            And in response to the previous poster...my husband's vacation is determined by bidding and he gets what he gets. I have to plan my vacation around his and you'd better believe I ask for that time off way in advance. just in case.
                            I find that the harder I work, the more luck I seem to have.
                            Thomas Jefferson

                            Comment


                            • #15
                              I haven't discuss with him ther reasons as
                              I don't want to create tension.

                              I wont push it, he has the power I don't.

                              Techically the office is fully covered and
                              we are not overwhelmed by work at this time

                              Guess some other reasons apply, I ll be patient and wait.

                              thanks for yr opinions.

                              Comment

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