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Discussion

Withholding Vacations???!!!

So I went to my manager yesterday and spoke to her about a vacation I am planning on taking in late November for 1 week.....she tells me that the CNO of the hospital is planning to withhold vacation times because there is no telling how our staffing will be around that time.......ILLEGAL OR NOT???!!! I mean, I put my butt and license on the line each day I come to the hospital. Rarely do we follow AWHONN staffing guidelines. I bust my behind all the time...I am not complaining. I love what I do, but when I work hard for this company all the time, putting in overtime weekly and all, I think I deserve to take my vacation!!!!! I definately have the hours. What is up with this???!!!:mad:

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Not at my current job, but I have been in many positions (nursing or not) that do not allow you to schedule vacations around the holidays. And "late November", as you stated in you post, would be around Thanksgiving.

No US employer is required to offer vacation time. However, employers are required to follow their own stated policies/procedures.

Time to look at and get to know your HR policies -- how vacations are to be requested, and the guidelines for approving them (by seniority, etc.)

Yep! Happened to me. Had a trip to Europe booked and paid for. Gave 3 months notice. 2 weeks before the trip I was told I had to find someone to cover my (3) 12 hour nights over the weekend. I resigned!

I think you'll find your vacation policy contains some claus regarding vacation and PTO such as: "At the discretion of the manager" or some variation.

Yes, it is legal for employers to restrict when vacation can be taken. On my unit, no one can take vacation or PTO from late November into early January. I've also heard of facilities refusing to grant vacations due to low staffing. It would be illegal if your employer refused to pay you earned time that you had accumulated. It's not illegal for them to tell you that you can't take a vacation at a certain time.

  • Experts
I think you'll find your vacation policy contains some claus regarding vacation and PTO such as: "At the discretion of the manager" or some variation.

Yes, it is legal for employers to restrict when vacation can be taken. On my unit, no one can take vacation or PTO from late November into early January. I've also heard of facilities refusing to grant vacations due to low staffing. It would be illegal if your employer refused to pay you earned time that you had accumulated. It's not illegal for them to tell you that you can't take a vacation at a certain time.

Perfectly said....

Technically they are not "witholding" or refusing your vacation. They are restricting the days when it can be taken due to company needs.

Perfectally legal.

...Gave 3 months notice. 2 weeks before the trip I was told I had to find someone to cover my (3) 12 hour nights over the weekend. I resigned!

-"A lack of preparation on your part does not constitute a crisis on mine"

You planned for it...

You gave sufficient notice...

It is absolutely their responsibility to find the coverage for the shift.

There are some things that I have been able to play the "I'll quit" card.

You only get a few chances to do so and have to be deadly serious to use it

but I think you were justified here.

I didn't use the "I quit" card, but when I got problems because I wanted off for my sister's wedding, I did play the "Fine, I'll call in," card. Cover the shift with 6 months of notice or cover it with 2 hours of notice, I don't care.

It would be illegal if your employer refused to pay you earned time that you had accumulated.

Not necessarily true. This depends on one's state labor laws. You would be surprised how many states do not require employers to pay out PTO time because it is considered a benefit. Most do not.

  • Author

Crazy......funny thing is that my vacation comes after Thanksgiving and before Christmas! I like the ideas of "resigning", using the "I quit" card, and "calling in"....LOL...I needed that laugh before I clock in to work. Thanks guys!!!!!

hey, if you leave then the patients won't receive the best of care...LOL...keep your head up...sometimes it's nice to be needed. trust when it's time for their vacation they won't hesitate.

-"a lack of preparation on your part does not constitute a crisis on mine"

you planned for it...

you gave sufficient notice...

it is absolutely their responsibility to find the coverage for the shift.

there are some things that i have been able to play the "i'll quit" card.

you only get a few chances to do so and have to be deadly serious to use it

but i think you were justified here.

my favorite quote for work. just cause you spent 6 hours out of an 8 hour day talking and shooting the breeze does not mean i have to help with your crap on my way out the door. no i won't work of the clock cause i can't have overtime to help you. you're sol.

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