Can Your Boss Fire You For Taking Vacation?

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It’s summer, andthoughts of vacation are in the air. You shouldn’t have to worry about your jobwhile you’re on vacation. Or should you? A recent study shows that 70% ofAmericans are leaving some or all of their vacation days unused becausethey are afraid of losing their jobs.

You’ve earned three weeks of vacation, and wow, did youwork for it. You put in for your three weeks, got it approved, and planned yourtrip. You have non-refundable tickets to your dream cruise. A week before youleave, you mention that Jane will be covering for you while you’re gone. Yourboss says, “Oh, you were serious about taking vacation?” You nod, meekly. Youask a coworker what she thinks he meant. You find out that the last threepeople who went on vacation were fired.

The short answer is:yes. There is no law requiring an employer give you any paid vacation.I hear stories all the time of people fired a few daysor a week into a scheduled vacation. Even worse, they’re fired the day beforethey’re scheduled to leave. They were counting on the vacation pay to cover thecost of the trip. Now they’re left in the lurch.

Vacations are good for youand good for employers. They keep morale higher, prevent employee burnout,reduce stress, and keep you healthier. The good news is that most employerswon’t fire you for taking your vacation.

Still, the fear of being fired for taking vacation isjustified. If you live anywhere but Montana, you’re probably an at-willemployee. That means you can be fired for any reason or no reason at all. Doyou have any rights? Yes, but not many.

Here are some circumstances where it would be illegal tofire you for taking a vacation: 

Family and Medical Leave: If you have scheduled surgery, arepregnant with a due date, or have an immediate family member who has scheduledmedical care, you might be protected. If you put in for FMLA leave, youremployer must let you use your paid sick and vacation time first before theyput you on unpaid leave. If you’re fired because you used your vacation forFMLA leave, you may be protected. 

Contract: If your employment contract says you’re entitled tovacation, then firing you for taking it might be breach of contract. 

Employee Welfare Plan: Ifthe employer has an established vacation policy for all employees, then itmight be an “employeewelfare benefit plan” that is covered under ERISA. That means it might beillegal to retaliate against you for exercising your right to take your vacationbenefit. 

Union contract: If your union’s collective bargaining agreementprovides for your vacation benefits, you might be able to grieve anytermination that violates your union contract. 

Discrimination: The company can’t discriminate based on race, age,sex, religion, color, national origin, disability, genetic information, or agein granting and denying vacations. Some states have other protected categoriessuch as sexual orientation, marital status, and domestic violence victims. Theycan favor your boss’s vacation over yours though. If the boss’s vacationconflicts with yours, even if yours was preapproved, they can renege on theapproval. 

State law: Some states provide other protections. When in doubt,talk to a lawyer in your state about your rights.

Other than these limitedrights, you can absolutely be fired for taking your vacation or to prevent youfrom getting a paid vacation. Here’s some more information you need to knowabout your rights while taking vacation: 

Wrongdoing discovered: If your employer discovers wrongdoing oreven poor performance while you’re on vacation, even if you have a protectedright to take it, they can fire you for the wrongdoing they discover. Thatmeans if you embezzled and they find out because someone covered for you whileyou were out, or if you didn’t do a key assignment before you left, then youmight not have a job to come back to. 

Layoff: Even if you have protected vacation rights, if there is agenuine layoff at your company, they can probably include you in the layoff. 

Pay after termination: If your employer has a “use it or lose it”vacation policy (some states prohibit “use it or lose it” vacation policies),you probably have no right to be paid for your vacation when you’re fired.However, if your employer lets people accrue their benefits and get paid outwhen they leave, you are probably entitled to be paid your vacation time whenyou leave. It’s an earned benefit. 

Last minute demand to cancel: Sometimes the boss will demand youcancel your plans at the last minute. Maybe an emergency comes up, or she justdecides she can’t live without you. If you refuse and take your vacationanyhow, you can be fired for insubordination or job abandonment.

Should it be legal tofire you for taking your earned vacation? No. But it probably is. The UnitedStates is the only industrialized nation that doesn’t have a lawrequiring paid vacation. One infour Americans receives no paid vacation.

So take that trip to Europe or your dream cruise. Enjoy!You may have more free time than you expected when you get back.