Legal Question in Employment Law in New Jersey
Taking Days Off
Is it lawful to be reprimanded and/or terminated for taking days off that are given to you by the company? Example: I have 4 weeks of vacation and take one day of each week during a summer month and then two weeks during another time (March) and the last week during December.
1 Answer from Attorneys
Re: Taking Days Off
Generally, an employer can determine when you can take your vacation days. Most employers base approval of vacation requests on the needs of the business, and many require employees to take some or all of their vacation at specific times of the year (for example, during a summer shut-down or between Christmas and New Years day). In your case, your employer may not permit you to take one day per week during the summer because you are needed for all five days of the week. However, if your employer has already approved your plans - and you have made some commitments of your own for these days off (such as already buying a non-refundable airline ticket based on the employer's prior approval) - it is fair to expect the employer to compensate you accordingly. As with all issues of this nature, an answer to your question depends on the specific facts of your situation. If you would like to discuss this further, please call my office and arrange for a consultation.