Legal Question in Employment Law in California
Termination
I have an employee who has been with the company for almost 2 years and wants to take a vacation for 4 weeks. Because he doesn�t have any accrued vacation his supervisor doesn�t want to hold the position for him until he returns. Can we terminate an employee for this in california?
2 Answers from Attorneys
Re: Termination
I would suggest that you inform the employee in writing in advance of his lack of accrued vacation time and the consequence of his prospective unauthorized leave. There is no requirement that I know of that requires a company to hold open a job that has been abandoned.
Re: Termination
If he has no leave coming, then he has no
'right' to take vacation. The company can either permit the vacation or not. If he is permitted, then his job would be held. If he leaves without permission, it could be viewed as 'quit' or 'job abandonment' if the company wants to take a 'hard line'. It is a question of employee relations, and he should be told the decision, not left hanging uncertain.
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