Legal Question in Workers Comp in California

I Work at a restaurant and have been working there for 8 years. I have never taken vacations, but I know want 4 weeks off. can my employer fire me if i want 4 weeks off after 8 years of not giving me vacations. He does not have any benefits for us. sick pay or vacation options. I'm in California thanks

Asked on 4/06/12, 12:48 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

This is NOT in "Workers' Compensation", but my experience thus far has been YES the EMPLOYER CAN TERMINATE YOU if you take time off that is not approved. If you had a written employment contract that promised paid leave and let you gather or accrue paid leave, then he would violate the written contract. but you've worked 8 years at a place with no written agreement protecting your employment in the even 4 weeks leave is required.

THAT SAID, if the company is large enough and falls under the Family Medical Leave Act, you can apply for Family Medical Leave and the employer is supposed to hold your job (without pay) for a number of weeks, while you attend to a personal medical problem or a newborn or a loved one requiring care.

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Answered on 4/09/12, 8:11 am

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