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Is there a law regarding how long an employer has to reply to a vacation request by e-mail?

San Jose, CA |

I work at local school district. I am a year round employee and I requested to have a week off in July but have had no response. Being a state employee what are my rights as the only person unable to take time off in the school district?

Attorney Answers 3


The law does not specify a mandatory period for response. If you are a union member, your collective bargaining agreement may provide a time period for response on this. Don't overplay your hand here: you are not the only person unable to take time off in your school district. For some reason, your employer has not yet responded to your request. Maintain an acceptable attitude and professional conduct as you attempt to graciously work through this problem.

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To add to Ms. McCall's good answer, you might consider sending a polite follow-up e-mail or going and talking to your boss in person, and asking the status of your request. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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The facts you have provided are very limited and I don’t know if you are an employee of a union or non-union. Are you permanent or a contract worker? If you have a union there would be a defined union contract and if you don’t have a union then it will be defined in your employment policy manual. You probably need to sit down with human resources or whoever is in charge and deals with vacation scheduling and have a meeting and resolve the issue.

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