Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
9/19/2017 7:27:10 PM
Posted: 1/20/2006 11:44:34 AM EDT
Can my company prevent me from taking my vacation as I want?

I get 20 vacations days per year and every year I loose couple because I don't use it all and it doesn't roll over to following year. This year I want to take a long (all 20 days) vacation in the summer.

I sent in my vacation schedule couple days ago and I made sure there is no conflicting schedule during that time. I indicated that I will be taking off the whole month of July using my 20 vacation days but I just got a message from the CFO that he doesn't think I should take such long time off. I told him that I have 20 days and that I plan on being out of the country.

I'm sure there will be more questions and they will aske me to take shorter time off and then another one in the winter.

The question is, legally can they make me take two short vacations instead of one long one?
Link Posted: 1/20/2006 11:47:32 AM EDT
[Last Edit: 1/20/2006 11:48:24 AM EDT by SHIVAN]
Your company probably has SOP's in place. Look them up.

If the company's SOP's forbid you from taking an extended vacation, you may be SOL.

If you company's SOP's leave the sole decision to your supervisory chain, then you may be SOL.

Is Florida a "right-to-work" state? If so, I'm not sure you have much leverage against their SOP's.

Link Posted: 1/20/2006 11:49:49 AM EDT

Originally Posted By SHIVAN:
Your company probably has SOP's in place. Look them up.

If the company's SOP's forbid you from taking an extended vacation, you may be SOL.

If you company's SOP's leave the sole decision to your supervisory chain, then you may be SOL.




Checked the company handbook and there is nothing on the subject.
It only states the number of vacation days we get... nothing on the duration or SOP.

Link Posted: 1/20/2006 11:52:39 AM EDT
If the VP of HR says SOP is NRDs you're SOL
Link Posted: 1/20/2006 11:52:40 AM EDT
[Last Edit: 1/20/2006 11:53:53 AM EDT by SHIVAN]

Originally Posted By yobo:
Checked the company handbook and there is nothing on the subject.
It only states the number of vacation days we get... nothing on the duration or SOP.



Your HR director likely has a manual that contains the company's Standard Operating Procedures.

This small little skirmish might be won, and you get to take 20 days.

In the end, you may end up with a lot more "free time" than you wanted though.

Up to you how hard you press the issue.

Make a logical, and cogent, statement about the necessity of taking your vacation as you see fit.
Link Posted: 1/20/2006 12:01:47 PM EDT
To hell with it... I'm taking July off.
They have a lot more to loose by getting rid of me than I have to loose.

Link Posted: 1/20/2006 12:05:49 PM EDT

Originally Posted By yobo:
Can my company prevent me from taking my vacation as I want?




Yes.

First, I doubt you actually accrue ALL your vacation on the first day of teh year. As such, technically it isn't yours yet.


Also likely have a policy against taking it all consecutively, which is legal.

They can also cite "business needs" to control when you take your vacation.

I know a radio personality FIRED for taking vacation when not allowed to.

You "can" take you vacation whenever you want - IF you want to be on vacation permanently.


Link Posted: 1/20/2006 12:08:53 PM EDT

Originally Posted By yobo:
To hell with it... I'm taking July off.
They have a lot more to loose by getting rid of me than I have to loose.




Want to bet on that? Put your finger into a bucket of water. Remove it. Is that hole where your finger was still in there?

I've seen "key" managers leave, and it causes not one second of disruption.
Link Posted: 1/20/2006 12:26:17 PM EDT
I had a boss do exactly that to me quite a few years ago. It was part of his hidden agenda. In fact, there was no published Employee Handbook. It was kept solely to the HR Dept. & they would go crying to the boss whenever one of the hidden rules was broken. I had no idea that some rules existed until I broke them.

I wanted to go on vacation for two consecutive weeks hunting in North Dakota, when the boss said that. I live in MN so I took one week, came back for a week, & then drove up there again.

BTW, they screwed me out of a lot of vacation, too. They changed the policy to suit their needs.

As far as a law, there probably is none regarding vacation. As far as your best interests, you are the only person who can decide that. Is it better to work there or somewhere else?

Good luck.
Link Posted: 1/20/2006 12:39:34 PM EDT
[Last Edit: 1/20/2006 12:42:07 PM EDT by AmericanPatriot1776]
I was an HR Manager for a few compaines.

First, let me tell you that you must always keep your cool with HR. HR can make you life hell.

Second, in most states, Vacation time is a benefit given at the discretion of the company, it is not a right.

If the policy of how vacation time is given is not spelled out clearly in the Employee Handbook, then it will be up to the decisions of upper management or HR to decide. They will decide the outcome based on WHAT IS IN THE BEST INTERESTS OF THE COMPANY.

If you have a grievence procedure, I would take full advantage of that. However if the CEO/CFO do not like it, then that is probably how it will be.....unless you can come up with a clear written plan on how your work will be handled in your absence.


I hope this helps.

Link Posted: 1/20/2006 12:42:42 PM EDT
I'm a bit lucky because I have a contract with the company about what company can and can not do with "my" sources if I leave. I also have an exclusive contract with my suppliers. Keeping both ends locked out. When I got hired here they expect me to be here to take care of one project and then leave so they agreed to my contact but now I been here for over 8 years. Currently "my" sources make up over 68% of our total purchases.
Link Posted: 1/20/2006 12:49:58 PM EDT
Two things - There should be a WRITTEN policy in place. Then you have to ask yourself whether or not you want your bosses to keep promoting you and giving you raises or do you want to be seen as a troublemaker? You pick.
Link Posted: 1/20/2006 12:56:04 PM EDT
You see, I'm not too worried about the CFO or the HR manager (HR department is a manager and an assistant) as they have bigger issues to tackle... like getting a new job because I expect they will both be outa here in next few months. Long story but both the President/CEO and the BOD are pissed of at them for a BIG mistake.

At this point I'm not even a small thorn in this company.
Link Posted: 1/20/2006 12:57:45 PM EDT
Sounds like you are reaching an over-accrual situation.

First the Company Policy should be the guides you use. If they don't have a Policy or Employee Manual, that can be good or bad for both sides.

You are giving them plenty of notice what you want to do, the company ought to be able to work around it. Unless you really are indispensable.

Apply for it. On your application note that you are going to lose vacation if you don't take it soon. Can they ask you to reschedule? Yes, but it better be for a damn good reason. They really shouldn't (didn't say can't, said shouldn't) not let you go and then tell you you've lost because of max accrual.

Most HR organizations would prefer that you take it all and keep the minimumbalance on the books.

From a financial standpoint un-used vacation is a liability, but HR generally worries about lawsuits and not days of pay.

If they refuse to let you go, and then don't allow you to accrue, you may have a case, but the easy resolution would be to allow you to over-accrue and then make you take vacation at a better time and/or pay you until you are back below max.

HR often forgets that they are there to help the company and the employee, and to help the company make money or at least not spend it when they don't have too.

When I had these things come up, my solution was almost always to let the employee take the vacation or come to a mutually agreeable time frame IF there was a good reason the employee couldn't go when they wanted. And 6 months notice should be fine.

(Then again, when I was in HR or other Administration, we tended to not find out there was a problem until the bel. was ringing. I lose vacation next week and I can't go then. and the Boss is he needs to go but not nextr week can we make an exception NOW?)

I can't think of any good reason that you all can't work it out with this much time.

Vacation is supposed to be both a benefit and incentive, and also to make sure you aren't stressing out or burning out your employees. There isn't anybody so important that they should be in a use it or lose it situation.

From a Financial standpoint the CFO should be happy you are taking vacation, gets the liability off the books. Do you work for him or in his reports?

Link Posted: 1/20/2006 1:05:44 PM EDT

Originally Posted By PaDanby:

From a Financial standpoint the CFO should be happy you are taking vacation, gets the liability off the books. Do you work for him or in his reports?




According to the organizational chart I work directly under the CFO but in reality I'm pretty much off on my own and my work is scrutinized only by the President/CEO on monthly basis for past 4-5 years. I'll talk to the President/CEO when he returns in few weeks.

I chose July because traditionally that is the most quiet timeof the year for my dept.
Link Posted: 1/20/2006 11:42:52 PM EDT
offer to take him fishing with you. Hell offer to take me fishing with you.

Looks like your at a level where personal accommodation should be possible.
Top Top