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Taking unapproved vacation time New York

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  • Taking unapproved vacation time New York

    I was wondering what is the legal consequences for taking unapproved vacation time? I am a full time employee that is entitled to 20 days per year and I have accrued up to 7 days so far. I have resigned from my job and my employer are forcing me to stay a minimum of 30 days as part of my offer letter/contract that I signed. Now I asked for a week off in between because I have scheduled this vac time thinking I would have left my job by then. My manager came back and said he's not approving it because he feels there's a business need for me to work these last 4 weeks that I am here. I will loose more than 1 week pay if I forfeit this trip, so wanted to see what the company can do to me should I go ahead with my time off?

  • #2
    The great majority of employers don't allow employees who are working out their notice period to take vacation time. The idea of a notice period is to transition your work to your replacement and you can't do that if you aren't there.

    Whether or not your offer letter requiring 30 days notice is an enforceable contract, only a NY attorney specializing in employment/contract law could tell you. If it is, you face whatever repercussions the contract provides for. If not, you can tell them to go pound sand.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.