Sick leave and vacation time are essential for maintaining health, productivity, and work-life balance. But can your employer legally deny these benefits? The answer depends on your employment status, company policies, and applicable state and federal laws.
The employment attorneys at Abney Law are standing by and ready to help. Here is a breakdown of your rights and what to do if your time-off request is denied.
1. Sick Leave: What the Law Requires
Federal Law
The federal government does not mandate paid sick leave for private-sector employees. However, under the Family and Medical Leave Act (FMLA), eligible employees may take up to 12 weeks of unpaid, job-protected leave for serious health conditions, caregiving, or childbirth. To qualify, you must:
- Work for a covered employer (50+ employees within a 75-mile radius)
- Have worked at least 1,250 hours in the past 12 months
FMLA does not guarantee paid leave, but it does protect your job during qualifying absences.
Kentucky Law
In Kentucky, private employers are not legally required to offer paid or unpaid sick leave or vacation. However, if they do, they must follow their own policies. Denials are allowed unless they violate federal laws or contractual agreements.
2. Employer Policies and Contracts
Even if sick leave is not legally required, many employers offer it voluntarily through:
- Employee handbooks
- Union contracts
- Individual employment agreements
If your employer has a written sick leave policy, they must follow it consistently. Denying sick leave in violation of company policy may constitute a breach of contract or discrimination.
3. Can Employers Deny Sick Leave?
Yes, if the leave request falls outside legal protections or company policy. Common reasons for denial include:
- Insufficient accrued time
- Failure to follow call-in procedures
- Non-qualifying medical conditions
- Suspicion of abuse (e.g., calling in sick repeatedly before weekends)
However, employers cannot deny sick leave in a discriminatory or retaliatory manner. For example, denying leave only to pregnant employees or those with disabilities may violate federal laws like the Pregnancy Discrimination Act or the Americans with Disabilities Act (ADA).
4. Vacation Time: What You are Entitled To
No Federal Requirement
Unlike sick leave, vacation time is not required by federal law. Employers are not obligated to offer paid vacation, but if they do, they must honor their own policies.
Kentucky Laws
Kentucky does not set specific vacation requirements. However, if you have offered vacation time through your employer, ensure they follow their own rules.
5. Can Employers Deny Vacation Requests?
Employers generally have discretion to approve or deny vacation requests based on business needs. Common reasons for denial include:
- Staffing shortages
- Peak business periods
- Failure to provide adequate notice
However, denial must be consistent and non-discriminatory. If vacation approvals are granted selectively based on race, gender, or other protected characteristics, legal action may be warranted.
6. What to Do If Your Leave Is Denied
If your sick leave or vacation request is denied:
- Review your employee handbook or contract for applicable policies
- Document the denial and any communications with HR or management
- Consult your state labor agency for guidance on local laws
- Speak with an employment attorney if you suspect discrimination or retaliation
7. Protecting Your Rights
To safeguard your time-off rights:
- Keep records of accrued leave balances
- Follow company procedures for requesting leave
- Communicate clearly and in writing
- Know your rights under FMLA, ADA, and state laws
Get Help with Concerns Over Denied Sick or Vacation Leave
While employers can deny sick leave or vacation under certain conditions, they must do so within the bounds of the law and their own policies. Understanding your rights empowers you to advocate for fair treatment and take action when necessary.
Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.