Quick Answer: Can An Employer Refuse To Give You Unpaid Leave?

Unpaid leaves of absence are not like an employee benefit such as negotiating a flexible schedule.

To do that, you need the employer to see some benefit for the employer in granting your request.

In some cases, your employer may not even have the right to refuse your request.

Can an employer deny unpaid time off?

Otherwise an employer is under no obligation to allow unpaid leave. However, where there is no agreement as to leave, not even anything in the employee handbook that might constitute an agreement or contract, then the employer is free to deny leave and to fire an employee who tries to take it.

Can an employer refuse time off?

Your employer can revoke its approval for your time off at any point. No law prevents your boss from changing her mind and denying your vacation time, even after it’s already been approved, and even if you have nonrefundable airline tickets or are already on the beach sipping a mimosa.

Can an employer make you take unpaid leave?

An employer cannot stipulate that an employee takes paid annual leave outside of those provisions, though the employer is entitled to pay an employee to take time off over and above the annual leave entitlement. Forcing an employee to take unpaid leave is, however, a different story.

Can an employer refuse leave without pay?

63.1 An Employee may be granted leave without pay by the Employer for any purpose. 63.2 Unless otherwise provided for in this Agreement, leave without pay shall not break the Employee’s continuity of employment but leave without pay will not count as service for leave accrual or other purposes. 1.1.