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Discrimination based on vacation leave

by | Dec 28, 2017 | Blog |

The laws regarding vacation time can vary from one state to the next. Even if your workplace should provide you with a set number of vacation days, many people are hesitant to take them for fear of losing the job. It is perhaps for this reason many employees only take a fraction of their vacation time off.

An employer cannot fire you directly because you chose to use your vacation time. As long as you informed the right personnel that you would leave for a while and informed your boss, then you should not face any repercussions for going on vacation. However, there are circumstances where an employer could fire a person on vacation that would be within the bounds of the law.

General layoffs

If your company has to undergo layoffs while you are on vacation, then you could be one of the individuals who loses a job. A person does not have any protections from a layoff simply because he or she is on vacation.

Discovered wrongdoing

In the event an employer discovered an employee currently on vacation engaged in embezzlement or a similar criminal act, then that employee can lose employment while gone. Additionally, this does not have to refer to illegal activity. If you needed to complete an assignment before leaving and failed to do so, then an employer may fire you for failing to do your job.

Demand to cancel

An employee may have done everything right. This person asked for vacation time several months in advance and planned on taking it at the proper time. However, a week before leaving, the boss wants the employee to stay behind to help with an important project. If the person still went on vacation, then the boss may view this as job abandonment or insubordination. This situation is tricky because the employee may still have entitlements to receive the vacation. When in doubt, it is always preferable to speak with an attorney to discuss your specific case.