Can an Employer Deny Time Off?

Yes, an employer can deny vacation or PTO requests, but they must follow the law. While federal law does not require employers to provide paid vacation, state laws (especially in California), contractual agreements, and protections like the Family Medical Leave Act (FMLA) set important limits. Employees should understand these boundaries to know when a denial is legal—and when it isn’t.

General Rules on Vacation Denials

In the U.S., paid time off (PTO) is usually a benefit, not a legal right. Employers in most states have wide discretion to decide whether to approve or deny vacation requests. For example, they may reject requests if multiple employees want the same days off, during peak business seasons, or if there’s a staffing shortage.

However, employers cannot deny PTO in ways that conflict with the law or contracts. If a state requires paid sick leave, or if an employment contract guarantees vacation time, those obligations must be honored. Similarly, federal laws like the FMLA place restrictions on when leave can be denied.

The Family Medical Leave Act (FMLA)

The FMLA gives eligible employees up to 12 weeks of unpaid leave per year for specific family and medical reasons. Covered situations include:

• The birth, adoption, or foster placement of a child.

• Caring for a spouse, child, or parent with a serious health condition.

• Recovering from your own serious illness or injury.

Employers cannot legally deny FMLA leave if the employee meets eligibility requirements. They are also prohibited from retaliating against employees who take protected leave. For instance, if you need time off to care for a sick parent, your employer must grant it if you qualify.

Role of Contracts and Agreements

Sometimes an employee’s right to PTO is not based on law but on agreements and policies. If an employer promises a set amount of vacation in an employment contract or employee handbook, they are required to honor that.

Unionized workers may also have additional protection through collective bargaining agreements, which often spell out how vacation requests are handled, which reasons for denial are valid, and how disputes are resolved. Employers who ignore these agreements could face legal or contractual consequences.

California PTO and Sick Leave Laws

California employees benefit from some of the strongest PTO protections in the nation.

Vacation Time in California

• Accrued vacation is considered earned wages. Once earned, it cannot be taken away.

• No “use-it-or-lose-it” policies. Employers cannot require employees to forfeit unused vacation at year-end.

• Payout required at termination. Any unused vacation must be paid when an employee leaves, whether by resignation or termination.

Sick Leave in California

• Employees accrue at least 1 hour of paid sick leave for every 30 hours worked, up to 24 hours (3 days) annually.

• Employers may cap sick leave at 48 hours (6 days).

• Sick leave can be used for your own illness or to care for a family member.

Because California treats vacation as wages, refusing to let an employee use it—or failing to pay it out when they leave—can expose an employer to wage theft claims.

When to Seek Legal Help

Disputes over PTO are common. Sometimes employers pressure employees not to take time off, deny valid requests, or retaliate against workers who exercise their rights. When this happens, it’s often best to consult an employment lawyer.

In California, for example, firms like Lawyers for Justice, PC, specialize in enforcing PTO rights under state law and the California Family Rights Act. While HR may answer basic questions, only an attorney can confirm if your employer’s actions are lawful and help you recover lost wages or benefits if needed.

Can an employer deny a sick day in California?
Generally, no. California law requires employers to provide sick leave, and employees must be allowed to use it. However, proper request procedures must still be followed.

Can you use sick days for vacation in California?
Yes, but employers may cap accrual at 6 days (48 hours), limiting the amount of sick time that can be used as general PTO.

Can your employer ask why you need a personal day?
Yes, they can ask. But you are not legally required to provide a reason. It is up to the employee to decide whether to share details or keep the request private.