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is it legal for my employer to not allow us to request days off in advance?

we are not allowed to request days off, no matter how far in advance it may be (even though our boss only does schedules for 2 weeks at a time). our boss tells us to have someone cover our shifts that we need off. if we can't find someone to cover there will be punishments. is it legal to refuse all day off requests or punish us for not getting all of our needed shifts covered? (for example, a co-worker is getting married july 4th weekend. she can't request off in advance and may not be able to find shift coverage. is it right to punish her for this?) state of florida

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  • lcr000
    Lv 7
    1 十年前
    最愛解答

    Florida is an at will state, right to work refers to unions, there is no law that says you get time off in this state paid or unpaid, it may be unfair but with 12.5% unemployment in this state there is no where to go

  • 5 年前

    It is legal in the US if you are an at will employee. At will employees are those not covered by a union contract or a written contract. Because it is obvious that this procedure is not an emergency, your employer can require that you reschedule it. As an at will employee you can be terminated for any or no reason at all, with or without notice, fair or unfair. In this recession the employer has all the power and employers are using that power, many times in an unfair manner. If you go ahead and take the time off when your employer has already indicated that for business reasons they need you there, you probably will be terminated. To make matters worse, because the employer will cite absenteeism as the reason for termination, you probably will not get unemployment benefits. Insulted or not, your employer is legally correct about employee's health problems not being his problem. Yes, it is unfair, yes it sucks, but it still is legal. Part of the reason that the handbook says nothing is that there is no law against him saying no to a medical procedure that can wait one month. As for the uproar over FMLA, it is great ,,,, if the employer offers it, if the employee can take time off without pay, and if the employee has a job when they get off of FMLA. FMLA does not guarantee pay or that your job will be waiting for you when you return. Finally running to HR may not be the best step in this economy. You asked for the time off, it was legally refused. Perhaps it would be better to see if you could get the procedure moved a few days. Remember HR people legally work for the employer, not the employee -- not matter how sweet they are to the employee. In this economy where there are thousands of people who are out of work HR can replace you or me or any other worker in a matter of hours. This is not harsh, it is reality. Good luck. '

  • Florida is a right to work state. Basically they can fire you with out any reason, including taking a day off when you requested it and they denied it.

    They set there own policy for how you take vacations, its not illegal. Sounds like your boss isn't that organized, thats why he can't fit that in, in the future.

    Ether live with it, or find somewhere else to work.

  • 1 十年前

    Probably legal, but shortsighted. Employees do not have a legal right to a job - they are invited to work there under the employer's conditions and may take work elsewhere if they do not like the conditions (providing protected employee status is maintained; no discriminatory practices).

  • WRG
    Lv 7
    1 十年前

    Legal? Absolutely. It is almost as legal as it is horrible management practice. I'd find a new job if I were you because with management this stupid they will, sooner or later, fail.

  • 1 十年前

    Do a google search for ask a lawyer for free. There are sites like this. Also if you cant afford a lawyer then call your state bar for lawyer and they have lawyers that work on a sliding scale.

  • Judy
    Lv 7
    1 十年前

    Legal, yes. REALLY stupid policy, also yes.

  • 1 十年前

    I believe this site has what you need to know:

    http://www.adviceguide.org.uk/index/life/employmen...

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