Quiet Quitting: New Anti-Employee Term For Wanting To Have A Life

 There's a new term getting flung around by management types: quiet quitting. It's when employees actually want to do their job as described for the hours they were told the job would take (and for which they are being paid). Apparently, terrible bosses who have failed to hire enough staff and failed to accurately describe jobs want to vilify employees for wanting to have a life.

You heard about Elon Musk demanding that his employees commit to being "hardcore" (meaning willing to work 24/7) or leave.

And I've seen folks on social media bragging that they and their staff work until midnight. Like that's a good thing.

I remember working briefly for a large law firm. Associates would brag about sleeping there, blowing off family birthdays and funerals, and never taking vacations. And I would think to myself, what's the point? What's the point of making big bucks if you don't actually use the bucks to enjoy your life?

Gen Z gets it. They don't want to have jobs that are their whole life. They understand that having a job is for the purpose of providing the necessities you require to live and, if you're lucky, even the luxuries you want in order to enjoy your life. 

Take away the evenings and weekends, the holidays, the time with family, the vacations, and you have nothing. Because that employer that wants you to be loyal 24/7 has no loyalty to you. You likely can be fired at will, for any reason or no reason at all, unless you live in Montana or have a contract saying otherwise. It used to be that companies were loyal to their employees, but those days passed in the 70s. Now employees are treated like disposable cannon fodder.

Don't give up your actual life for corporate life. What's the point of making money if you can't enjoy it?

The U.S. needs to stop this crazy nonsense. Look at France. It has laws that protect employees from being treated like this. It's illegal to eat lunch at your desk, because it's good for your health to take a real lunch break and get out of the office. They also have a right-to-disconnect law, giving employees the right to stop answering emails and texts after hours. Overtime must be paid for work over 35 hours, and there is a weekly maximum number of hours set at 44 per week, and employees must have at least 11 consecutive hours of daily rest, and minimum rest of 35 consecutive hours at least once per week.

Employers need to hire enough employees to do the jobs needed during regular working hours instead of treating employees like indentured servants. If your employer wants you to work 24/7 and you aren't a supervisor, it's time to think about forming a union. If you are a supervisor and can't unionize, it's time to look for a workplace that understands its employees are entitled to have a life.

If you think we should be more like France and less like Elon, talk to your legislators about passing some pro-employee laws.

Can I Be Fired For Taking Vacation? Short Answer: Yes

I'm on vacation, and so are many Americans. You shouldn’t have to worry about your job while you’re on vacation. Or should you?

You’ve earned two weeks of vacation, and wow, did you work for it. You put in for your two weeks, got it approved, and planned your trip. You have non-refundable tickets to fly to your dream all-inclusive resort. A week before you leave, you mention that Bob will be covering for you while you’re gone. Your boss says, “Oh, you were serious about taking vacation?” You nod, meekly. You ask a coworker what she thinks he meant. You find out that the last five people who went on vacation were fired.

Should you be worried? The short answer is: yes. There is no U.S. law requiring an employer give you any paid or unpaid vacation. I hear stories all the time of people fired a few days or a week into a scheduled vacation, or the day they get back. Even worse, they’re fired the day before they’re scheduled to leave. They were counting on the vacation pay to cover the cost of the trip. Now they’re left in the lurch.

Vacations are good for you and good for employers. They keep morale higher, prevent employee burnout, reduce stress, and keep you healthier. The good news is that most employers won’t fire you for taking your vacation. Yet a recent survey found that one out of four of Americans are taking no vacation this summer.

The fear of being fired for taking vacation is justified. If you live anywhere but Montana, you’re probably an at-will employee. That means you can be fired for any reason or no reason at all. Do you have any rights? Yes, but not many.

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

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

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

Employee Welfare Plan: If the employer has an established vacation policy for all employees, then it might be an “employee welfare benefit plan” that is covered under ERISA. That means it might be illegal to retaliate against you for exercising your right to take your vacation benefit.

Union contract: If your union’s collective bargaining agreement provides for your vacation benefits, you might be able to grieve any termination that violates your union contract. If you don't have a union at work, look into forming one if you are concerned about your working conditions.

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

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

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

Layoff: Even if you have protected vacation rights, such as under a union or employment contract, if there is a genuine layoff at your company, they can probably include you in the layoff.

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

Use it or lose it: If your employer has a “use it or lose it” vacation policy, 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 out when they leave, you are probably entitled to be paid your vacation time when you leave. It’s an earned benefit. Some states protect their citizens by barring use-it-or-lose-it vacation policies. Here are some states that look out for their voters:

• California: Under Cal. Labor Code §227.3, all accrued vacation must be paid when employment ends. California also prohibits policies that make employees take vacation by a certain date or lose it. In one California case, an illegal policy cost the employer millions.
• Illinois: Under 820 ILCS 115/5; 56 Ill. Adm. Code 300.520, employers have to pay out accrued vacation pay at the end of employment unless a collective bargaining agreement with a union provides otherwise. While they can have a policy saying employees have to use vacation time by a certain date or lose it, employers must permit employees a reasonable opportunity to take those vacation days before they're gone. 56 Ill. Adm. Code 300.520(e).
• Indiana: While employers can have a use-it-or-lose-it policy in Indiana, employers have to pay out accrued vacation if their vacation policy is silent on the issue. See Indiana Heart Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v. Western, 448 N.E.2d 44 (Ind. App. 1983).
• Louisiana: Vacation pay is earned wages, so policies requiring the forfeiture of earned vacation pay are not enforceable. Beard v. Summit Institute, 707 So.2d 1233 (La. 1998). However, they may implement use-it-or-lose-it policies saying employees must use by a certain date or lose the vacation.
• Maryland: Like Indiana and Louisiana, while employers can implement policies, if the policy is silent on the issue vacation must be paid out at the end of employment.
• Massachusetts: Employers have to pay out accrued vacation pay at the end of employment. While they can have a policy saying employees have to use vacation time by a certain date or lose it, employers must permit employees a reasonable opportunity to take those vacation days before they're gone. MA Atty. Gen. Advisory 99/1.
• Michigan: Similar to Indiana, Louisiana and Maryland, while employers can implement policies, if the policy is silent on the issue vacation must be paid out at the end of employment.
• Montana: In Montana, an employer can't take away earned vacation pay or fail to pay it out for any reason. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).
• Nebraska: Nebraska law prohibits employers from failing to pay out earned vacation or from policies saying employees must use vacation by a certain date or lose it. See Neb. Rev. Stat. § 48-1229(4); Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct. 2006); Neb. Dept. of Labor FAQ.
• New York: If the policy is silent on the issue vacation must be paid out at the end of employment.
• North Carolina: If the policy is silent on the issue, vacation must be paid out at the end of employment. N.C. Gen. Stat. § 95-25.12.
• North Dakota: Employers can't require an employee to forfeit accrued or earned vacation leave upon separation from employment, regardless of the reason. ND Admin. Code § 46-02-07-02(12). However, they can implement policies saying vacation must be used by a certain date or be lost.
• Ohio: While use-it-or-lose-it policies are allowed, vacation must be paid out at the end of employment if the policy is silent on the matter. See Fridrich v. Seuffert Construction Co., 2006 Ohio 1076 (OH App. 2006).
• Oregon: Oregon is another state that allows such policies but requires employers to pay out vacation if the policy is silent on the issue.
• Rhode Island: Employers must pay employees who have completed at least one year of service for any vacation pay accrued in accordance with company policy or contract on the next regular payday for the employee when they leave. RI Stat. § 28-14-4(b).
• West Virginia: If the policy is silent on the matter, vacation has to be paid out at the end of employment. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999). Otherwise, employers are allowed to implement such policies.
• Wyoming: In Wyoming, an employer cannot require an employee to forfeit accrued or earned vacation on leaving. WY Dept. of Employment FAQs.

Should it be legal to fire you for taking your earned vacation? No. But it probably is. The United States is the only industrialized nation that doesn’t have a law requiring paid vacation. One in four Americans receives no paid vacation.

So take that trip to South America or your dream cruise. Enjoy! You may have more free time than you expected when you get back. Maybe it's time we join the rest of the civilized world and require some paid leave for workers. Something to think about when you're voting in 2020.

And now, back to my vacation, which I am definitely taking as much of as I can.

Can You Be Fired For Taking Vacation? Yep.

I'm on vacation, and so are many Americans. You shouldn’t have to worry about your job while you’re on vacation. Or should you? A recent survey found that 49% of Americans are taking no vacation this summer. Sadly, 52% did not use all their vacation days last year, and 24% have taken no vaction in at least a year.

But you're not one of these sad cases. You’ve earned three weeks of vacation, and wow, did you work for it. You put in for your three weeks, got it approved, and planned your trip. You have non-refundable tickets to your dream cruise. A week before you leave, you mention that Jane will be covering for you while you’re gone. Your boss says, “Oh, you were serious about taking vacation?” You nod, meekly. You ask a coworker what she thinks he meant. You find out that the last three people who went on vacation were fired.

Should you be worried? 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 days or a week into a scheduled vacation, or the day they get back. Even worse, they’re fired the day before they’re scheduled to leave. They were counting on the vacation pay to cover the cost of the trip. Now they’re left in the lurch.

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

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

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

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

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

Employee Welfare Plan: If the employer has an established vacation policy for all employees, then it might be an “employee welfare benefit plan” that is covered under ERISA. That means it might be illegal to retaliate against you for exercising your right to take your vacation benefit. 

Union contract: If your union’s collective bargaining agreement provides for your vacation benefits, you might be able to grieve any termination that violates your union contract. If you don't have a union at work, look into forming one if you are concerned about your working conditions.

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

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

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

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

Layoff: Even if you have protected vacation rights, if there is a genuine 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 out when they leave, you are probably entitled to be paid your vacation time when you leave. It’s an earned benefit. 

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

Should it be legal to fire you for taking your earned vacation? No. But it probably is. The United States is the only industrialized nation that doesn’t have a law requiring paid vacation. One in four 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. Maybe it's time we join the rest of the civilized world and require some paid leave for workers. Something to think about when you're voting in November and beyond.

And now, back to my vacation, which I am definitely taking as much of as I can.

States With Pro-Employee Laws: No Use-It-Or-Lose-It Vacation

You've probably seen the commercial. A kid says, in response to the study that over 400 million vacation days go unused, "That's the stupidest thing I ever heard." Yep. Stupid. Odds are, if you don't take those vacation days, you lose them.

Employers that have policies saying vacation is paid out at the end of employment must comply with those policies. In most states, employers can refuse to pay out unused vacation at the end of employment by implementing a use-it-or-lose-it vacation policy. Many employees are rudely surprised when they find out the employer that wouldn't let them use their vacation days also doesn't have to pay them out. Most employers can also require employees to use their vacation by a certain date, usually the end of the year, or lose it. That means you'd better use those vacation days in the next few weeks if you're like most employees.

However, some states protect their citizens by barring use-it-or-lose-it vacation policies. Here are some states that look out for their voters:

Before I tell you which states, I want to make a plug for you to vote for this blog in the ABA Blawg 100. I'm honored to announce that Screw You Guys, I'm Going Home is listed as the only employee-side blog in the Labor and Employment category, and now the voting is going on for the top blog in each category. It takes only a minute to register and vote. I'd sure appreciate your help. Now, back to the post.

California: Under Cal. Labor Code §227.3, all accrued vacation must be paid when employment ends. California also prohibits policies that make employees take vacation by a certain date or lose it. In one California case, an illegal policy cost the employer millions.

Illinois: Under 820 ILCS 115/5; 56 Ill. Adm. Code 300.520, employers have to pay out accrued vacation pay at the end of employment unless a collective bargaining agreement with a union provides otherwise. While they can have a policy saying employees have to use vacation time by a certain date or lose it, employers must permit employees a reasonable opportunity to take those vacation days before they're gone. 56 Ill. Adm. Code 300.520(e).

Indiana: While employers can have a use-it-or-lose-it policy in Indiana, employers have to pay out accrued vacation if their vacation policy is silent on the issue. See Indiana Heart Associates, P.C. v. Bahamonde, 714 N.E.2d 309 (Ind. App. 1999); Die &Mold, Inc. v. Western, 448 N.E.2d 44 (Ind. App. 1983).

Louisiana: Vacation pay is earned wages, so policies requiring the forfeiture of earned vacation pay are not enforceable. Beard v. Summit Institute, 707 So.2d 1233 (La. 1998). However, they may implement use-it-or-lose-it policies saying employees must use by a certain date or lose the vacation.

Maryland: Like Indiana and Louisiana, while employers can implement policies, if the policy is silent on the issue vacation must be paid out at the end of employment.

Massachusetts:  Employers have to pay out accrued vacation pay at the end of employment. While they can have a policy saying employees have to use vacation time by a certain date or lose it, employers must permit employees a reasonable opportunity to take those vacation days before they're gone. MA Atty. Gen. Advisory 99/1.

Michigan: Similar to Indiana, Louisiana and Maryland, while employers can implement policies, if the policy is silent on the issue vacation must be paid out at the end of employment.

Montana: In Montana, an employer can't take away earned vacation pay or fail to pay it out for any reason. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).

Nebraska: Nebraska law prohibits employers from failing to pay out earned vacation or from policies saying employees must use vacation by a certain date or lose it. See Neb. Rev. Stat. § 48-1229(4); Roseland v. Strategic Staff Management, Inc., 272 Neb. 434, 722 N.W.2d 499 (Neb. Sup. Ct. 2006); Neb. Dept. of Labor FAQ.

New York: If the policy is silent on the issue vacation must be paid out at the end of employment.

North Carolina: If the policy is silent on the issue, vacation must be paid out at the end of employment. N.C. Gen. Stat. § 95-25.12.

North Dakota: Employers can't require an employee to forfeit accrued or earned vacation leave upon separation from employment, regardless of the reason. ND Admin. Code § 46-02-07-02(12). However, they can implement policies saying vacation must be used by a certain date or be lost.

Ohio: While use-it-or-lose-it policies are allowed, vacation must be paid out at the end of employment if the policy is silent on the matter. See Fridrich v. Seuffert Construction Co., 2006 Ohio 1076 (OH App. 2006).

Oregon: Oregon is another state that allows such policies but requires employers to pay out vacation if the policy is silent on the issue.

Rhode Island:  Employers must pay employees who have completed at least one year of service for any vacation pay accrued in accordance with company policy or contract on the next regular payday for the employee when they leave. RI Stat. § 28-14-4(b).

West Virginia: If the policy is silent on the matter, vacation has to be paid out at the end of employment. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999). Otherwise, employers are allowed to implement such policies.

Wyoming: In Wyoming, an employer cannot require an employee to forfeit accrued or earned vacation on leaving. WY Dept. of Employment FAQs.

Some vacation policies are an earned benefit under ERISA, so employers that have no use-it-or-lose-it policy and fail to pay out earned vacation may risk a lawsuit under ERISA.

If you want to know about your state's vacation laws, a great state-by-state summary is here. For more on employee benefits, read my article Top Nine Things You Need To Know About Your Employee Benefits.

Does My Employer Have To Pay Earned Sick And Vacation Time When I Leave?

An AOL Jobs reader asked:

Donna I have a question please. I recently found out about a change in the retirement pay out rule at the hospital where I have worked for over twenty years. I have worked all these years under the rule that when I retire I would be paid for all my saved PTO hours as well as half of the ESL hours I have accumulated which in my case is half of 520 hours. Now it seems that around three years ago they decided they would not pay out for the ESL hours. In other words, we just lose that time. I can understand if they change that rule but shouldn't that just affect people hired after the change date? This is a huge number of pay hours for a hospital if 3000 employees and just for me it will be a very big loss when I retire.

Can they legally do this?

Thank You

There are no federal laws requiring sick or vacation time, so the answer to this question will (mostly) depend on your state law. I discuss what you need to know about your earned sick and vacation pay in my AOL Jobs column here.

They Aren't Going To Beg You To Stay (So Don't Quit Unless You Mean It)

One of the things that makes me shake my head in my law practice is when people tell me that they either quit or discussed possibly quitting, then tried to take it back. I shake my head, because they're almost always contacting me because they're suddenly unemployed.

Many employees think they're indispensable. Whether they've been with the company a long time, are high-producing sales people, or just know where the bodies are buried, lots of employees quit or threaten to quit with the secret belief that their employer can't live without them. That the boss will beg them to stay.

That isn't going to happen. Oh, sure, there are rare cases where a top employee puts in a resignation and the boss rips it up and says they aren't accepting it. They may be offered more money. That's rare. You're more likely to get hit by lightning. It isn't going to happen to you. With unemployment what it is, there are probably people younger (or older and more qualified), better educated, and with less attitude just waiting to take your job. Plus, if you've shown your unhappiness then they may celebrate your departure.

Here are 9 things you need to know about quitting:

• Notice: While you're expected to give notice, 2 weeks or more depending on your industry, your boss may well say you should leave now. While this isn't very classy, unless you have a contract saying otherwise, they can boot you the second you hand in your notice. Be ready for it. If this happens, ask your new employer (because I know you're not dumb enough to quit without having a job lined up, right?) if you can start earlier. Or take a much-needed vacation.
• Vacation: Speaking of vacation, don't put in notice and expect to take your paid vacation during the notice period. It isn't going to happen. Either take the vacation before you quit or consider it lost. Some employers pay it out when you leave if you didn't take it but many do not. Your state law may or may not help you.
• Eligible for rehire: If you quit without notice, you're probably listed as ineligible for rehire. That can come back to bite you years later. Let's say you work for a company that gets a big contract. Surprise! It's your former employer or a company that ate your former employer. They may check you out and say you aren't allowed to work on their contract. You can lose your job even though you've been working for years with no problems. Give notice unless you're in physical danger from staying.
• References: Know what the company policy is on references before you go. If they only give neutral references (dates of employment, job title) then you may want to ask for a reference letter from a supervisor or two. That's all the more reason to leave on good terms. If you left on bad terms, you'd better hope they only give neutral references. Otherwise, assume they'll trash you. There are reference checking companies you can hire to find out what they're saying about you if you think they're giving out false information. Don't ask me to recommend any, since I've gotten complaints about every one I've recommended over the years, along with reports of extreme satisfaction, so I don't recommend anyone anymore.
• Quitting without quitting: If you ask your employer to talk about severance, they think you quit. If you no-show, they think you quit. If you clear out your office right before a vacation or medical leave, they think you quit. If you say that, unless they do x, y or z, you will have to quit, they think you quit. If they catch you looking at Monster.com, sending out resumes or get a call about a reference, they think you quit. If you say that you can no longer concentrate or do any work until they meet your demands, they think you quit. Once they think you quit, you're gone. Don't make them think you quit if you don't intend to quit.
• Forced quitting: If your employer tells you that you have to quit, they're lying. Don't quit unless you are ready to quit, or are offered something like severance that makes quitting worth your while. Your employer can't make you quit.
• Promises, promises: If your employer does beg you to stay, making promises that things will be better, more money will be earned or whatever, make them put it in writing. Get a contract. If they won't put it in writing, take the other job. Bosses are like spouses - they rarely change.
• Do I have a case?: Don't assume you have a lawsuit against an employer just because it was so awful you quit. Do your homework. Gather your evidence of discrimination, FMLA interference, whistleblower retaliation or whatever claim you think you have. Make sure you document everything and talk to an employment lawyer in your state before you decide.
• No take-backs: If you quit and then try to take it back, they don't have to let you (and they probably won't). If they let you stay, it will only be until they find a replacement. Don't quit unless you're sure. In rare cases, people who resign for another job that falls through are taken back with open arms. More likely, once they know you're looking, you're gone.

Discrimination against the unemployed is legal in most states, so don't quit unless you have something else lined up. No matter how stressful it is at work, it's probably going to be more stressful to be unemployed for months (or years). Unless you're so wealthy you can live without your work income for at least a year, then wait until you have a safe landing before you quit.

They aren't going to beg you to stay. Trust me on this.

Can Your Boss Fire You For Taking Vacation?

It’s summer, and thoughts of vacation are in the air. You shouldn’t have to worry about your job while you’re on vacation. Or should you? A recent study shows that 70% of Americans are leaving some or all of their vacation days unused because they are afraid of losing their jobs.

You’ve earned three weeks of vacation, and wow, did you work for it. You put in for your three weeks, got it approved, and planned your trip. You have non-refundable tickets to your dream cruise. A week before you leave, you mention that Jane will be covering for you while you’re gone. Your boss says, “Oh, you were serious about taking vacation?” You nod, meekly. You ask a coworker what she thinks he meant. You find out that the last three people 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 days or a week into a scheduled vacation. Even worse, they’re fired the day before they’re scheduled to leave. They were counting on the vacation pay to cover the cost of the trip. Now they’re left in the lurch.

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

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

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

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

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

Employee Welfare Plan: If the employer has an established vacation policy for all employees, then it might be an “employee welfare benefit plan” that is covered under ERISA. That means it might be illegal to retaliate against you for exercising your right to take your vacation benefit. 

Union contract: If your union’s collective bargaining agreement provides for your vacation benefits, you might be able to grieve any termination that violates your union contract. 

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

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

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

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

Layoff: Even if you have protected vacation rights, if there is a genuine 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 out when they leave, you are probably entitled to be paid your vacation time when you leave. It’s an earned benefit. 

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

Should it be legal to fire you for taking your earned vacation? No. But it probably is. The United States is the only industrialized nation that doesn’t have a law requiring paid vacation. One in four 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.