Legal Question in Employment Law in Pennsylvania

real hassle for vacation

My wifes boss will not allow her to take an entire week of vacation in one shot. Also she is not allowed to take a friday and a monday. However, if she takes a friday she must also take thursday. If she takes a monday she must take tuesday. Is this actually legal, can an employer only give you vacation time when its under his conditions?


Asked on 10/24/07, 8:43 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: real hassle for vacation

You asked about taking vacation time.

As long as a vacation policy is enforced uniformly throughout a an employer's business then they can implement that policy however they want.

If the employer is a very small employer the requirements are understandable. If this is a large employer and this is only the boss's policy then a call to HR should solve the problem.

Generally, as long as a policy is not discriminatory or enforced in a discriminatory manner then an employer is free to implement a policy as it wishes.

There is nothing saying that an employee can't dictate when and on what terms s/he will take vacation. The question is whether or not the employee will have a job upon return.

Anecdote: I had an employer that sent a memo around chastising the staff because they determined that 20% of all sicks days were falling on a Monday or Friday. Do the math and you will see the ridiculous mindset of some employers.

If this job is with a small employer, work with the boss to satisfy both goals.

Regards,

Roger

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Answered on 10/24/07, 9:02 pm


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