Does an employee have any rights in regards to vacation? If the vacation time is already accrued can the employee take their vacation whenever he/she pleases. Can the employer say "no" because another employee is scheduled during that certain period? Is it the employer's duty to find temporary help during the time period the employee asks for the vacation time off?

Rita Risser replies:

There is no U. S. law on vacations. The laws relating to vacations vary according to state.

No state requires employers to give vacation. Employers are free to have a policy of not giving employees vacations at all. However, most employers recognize the health benefits of employees taking vacations, or at least feel they must offer vacations to be competitive.

If an employer has a vacation policy, the employer must follow it. If the employer does not follow its vacation policy, generally employees can either file claims with the state Department of Labor or Labor Commission, or they can file in small claims court. They also can file lawsuits with attorneys, but generally the amounts are too small to justify hiring lawyers.

If the employer provides for vacation, in some states there are requirements about how the employer administers its vacation policy.

Does your employer have a vacation policy? Read it. You may find that it doesn't promise anything. If it does make promises, though, the company must keep them.

In your state of California, there aren't any laws or cases on this. In my opinion, the employer has to be reasonable. I think the employer can legally say only one employee in the group can be out at once, or have black-out periods when no vacation can be taken. On the other hand, I once had a company client that wanted to have a black-out period during the "big push" expected to be two years! I said no to that. Not only is it unfair, but it is counter-productive. People will get sick and then be out randomly.

California prohibits "use it or lose it" policies, but has not ruled on policies that provide "use or you don't accrue more hours" after a year. In my opinion, if they have that policy they have to give you time off during the year so you can use it. Again, no case on it, but that's the way it *should* be! Hope that helps.

Do you have questions about vacation in your state? Our Complete Guide to Employee Vacation Rights is now available on line.