When an employee can take vacation depends on many factors. One of which is either a specific contract between the employee and employer or, absent a specific contract, the employer's policy on vacation. Assuming that you do not have a specific contract, you need to take a look at the employer's handbook for its policy on how vacation is accrued, when it can be used, and what happens if you don't use it. If you have done everything you need to do to have earned the vacation and your employer is frustrating your attempt to use it, then you may have a claim against the employer along the lines of the breach of contract or denial of the vacation benefit. If your employer is actually paying you for unused vacation, but your dispute is over whether you can actually take vacation, the analysis is a little bit more complicated as there is no law that requires an employer to give you vacation in the first place. Unfortunately, the situation may come down to whether you can negotiate this situation with your supervisor. Vacation can be a wage under Wisconsin law, so it may be a claim that you could file with the Equal Rights Division. This is appropriate for most claims of vacation pay, but it may be best to talk to an attorney experienced in employment law to determine what rights you may have and the best way to enforce them.
The previous attorney is correct and to help you further understand, there is no law that says such benefits are to be paid. Benefits are exactly that: a benefit. Whether you are to be paid, in absence of law, then comes down to contract(s) or the employee handbook which also can create a contract. It's best to consult with an employment attorney to discuss this further. Feel free to telephone my office at 414-847-6405.