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Requirements on when you can take vacation New York New York

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  • Requirements on when you can take vacation New York New York

    Hello. I scanned through all the existing threads but didn't see anything about the question I have. My husband receives two weeks of paid vacation during the calendar year. His employer has informed him that as of January 1st, employees will be required to take both weeks at the same time. I asked the HR department at my job and they said his vacation policy should be addressed in his employee handbook. The problem is, my husband doesn't have an employee handbook - there are only about 10 employees where he works. They don't have anything in writing about any of the vacation policies, sick time, overtime - nothing. So my question is, can an employer tell you when you can take your vacation time? We live in New York, if that makes a difference. Thanks.

  • #2
    In all 50 states, yes, an employer can tell you when you can take vacation.

    There is no requirement that they offer vacation in the first place; they get to make the rules about when it can be used.
    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.

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    • #3
      Originally posted by mattermaster View Post
      can an employer tell you when you can take your vacation time?
      Yes. The employer needs to ensure that there is coverage for the work to be done. If everyone in the company asked for the same time off, the company would not be able to meet its obligations to its customers. If it does not do that, it loses business and some employees will need to be let go.

      If the company does not have some sort of formal plan for employee vacations, then ask early for the time you want. There is no guarantee that you will get that, but I honor requests for time off on a first come, first served basis. You wait until the day before you want off and ask for it, I will likely laugh.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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