Can my employer restrict the times I'm allowed to take vacation?

[HoopdeeDriver]

I work for a company in Oregon that has a policy stating that, because our business is busiest during the months May through September, nobody is allowed to take vacation time during that period, although our boss usually takes a week off during the summer. However, they also have a "use it or lose it" policy with vacation time which states you must use your vacation time before your next anniversary date. What this means is that we effectively only have 7 months out of the year in which to use vacation time--and late spring and summer are excluded.

Is it legal in Oregon for an employer to limit your vacation time so you only have 7 months to take your vacation time?


Thanks!

 

[Patricia_Young]

Yes, that would be legal in every state.

 

[mightymoose]

If they have a legitimate purpose and you knew of the restriction when accepting the job, then there is nothing wrong with it. However, if the rule is not applied equally then you might be able to poke holes in it. If some people are allowed vacation and others aren't... that spells trouble.

 

[Patricia_Young]

If they have a legitimate purpose and you knew of the restriction when accepting the job, then there is nothing wrong with it. However, if the rule is not applied equally then you might be able to poke holes in it. If some people are allowed vacation and others aren't... that spells trouble.

Not unless the reason for denial is based solely on a Title VII-protected characteristic, such as gender, religion, national origin, etc. Different departments/jobs often have different peak periods. Certainly a legal reason for employees to be treated differently.

 

[cbg]

Keep in mind that an employer is not obligated to even offer vacation, let alone to make it available 12 months out of the year.

Agree with Patty that unless the reason for different treated is based on a protected characteristic, all employees do not have to be treated identically. Different departments, different positions, the number of employees who have already asked for time, length of tenure with the company, etc., are all perfectly valid reasons for one employee to be granted time when they want it and another not.