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Employee(s) Request Time Off For Vacation...Now What?


Employers at one point or another have encountered a situation where their employee(s) request time off to take a vacation.  Some employers have a policy in place to address this time off request.  Other employers take a more "fly by the seat of your pants" approach and wing it.  Regardless of how each employer handles the situation, there are several things to take into account and consider implementing.  Below are a few suggestions for how employers can manage an employee's request for time off...assuming that employee actually has vacation time to use.  (Note, this post is not intended to address an employee's requested time off for a sickness, medical issue, etc.)

While this reference is not the definitive guide to the topic and not intended to serve as legal advice (those experiencing a similar situation should consult their HR representative and/or employment law attorney for guidance), it provides a framework that can be referred to when needed.


Implement a Written Vacation Policy

This sounds straight forward enough, right?  Perhaps.  However, it is a good rule of thumb to have a written policy in place in regard to how time off for a vacation is to work.  That way employers and employees alike are on the same page about how time off is to be requested, who that request is to be made to, how much advance notice is required for the approval to be given, etc.  Putting the policy in writing also allows employees to look back and refer to what is/is not allowed at their convenience.  Of course, a written policy also eliminates potential ambiguity about the vacation policy, compared to if the policy was only verbal.

Putting this vacation policy in the employee handbook is a good option as well.  As well, when conducting onboarding for new employees, ensuring this information is discussed at the outset can help eliminate confusion down the road.


Determine Who Gets Priority With a Vacation Request

Depending the size of your office or workplace, more than one employee might request time off for a given period.  That inevitably gives rise to who gets priority for a vacation request:  first to request the time off, longest tenured employee, etc?  As noted above, having a written vacation policy in place can avoid potential issues here.  Regardless of how you choose to prioritize a vacation request, make sure you implement it evenly.  For instance, I have had a job where the boss would pick and choose who to give vacation time off to when multiple employees made a request.  Sometimes he would pick his "favorite" employee (the same guy, every time) for the requested time off.  Other times he would simply ask for each reason why the time off should be granted and picked who he thought was most deserving/had the best reason.  One time in particular, he determine who would get time off based upon who brought him the best fried chicken for lunch.

To avoid potential discrimination issues, I would suggest implementing a vacation policy in which priority is given to the first employee to request time off work.


Ensure There is Adequate Coverage For the Vacationing Employee

Believe me, the other employees that are still working while the vacationing employee is out will be thankful when there is adequate coverage to cover the slack...and also remember when an employer leaves the other employees high and dry with a wave of extra work.  A good idea is to work with the employee that is going to take time off to determine what deadlines (if any) are coming up, whether there are any projects, meetings, etc. that need to be covered for the vacationing employee, get a handle on the outstanding work left to be done, etc.  Having the vacationing employee prioritize deadlines and wrap up projects before leaving is a good idea.

In one job I have had, the boss had a standing (verbal) policy that before vacation time would be approved, all hearings, mediations, trials, etc. set during that requested time off might be resolved.  I remember having some of my vacation requests denied for this reason.  On the off chance that something came up last minute, I was required to find another attorney in the office to cover it for me.  This policy was strictly enforced...until the "favorite" in the office declared he was going to take a ten day international trip and subsequently left a few weeks later with a host of hearings and trials still set on his calendar.  That resulted in myself (and other co-workers) having to cover for the vacationing co-worker.  When the boss was made aware that the vacationing employee still had hearings and trial set (even though he was on vacation), he simply shrugged and said something along the lines of "Oops.  That should not have happened."  The problem was this was not the first time the policy did not apply to the office "favorite"...which lead to much rancor among the other employees.


Encourage Time Off

Some employers might do a double take at this suggestion, but a chance to unwind, recharge, and get away from things is beneficial to employees and their mental health.  While I am not saying that employees should be required to leave on vacation for a few days, encouraging employees to use their vacation time (especially if it starts to accrue and go unused) or even telling employees to take a half day could be useful.  Employees that are rested and have had a chance to recharge are more likely to be engaged with their work and focused on the tasks at hand.  On the other hand, employees that are strung out on work, stressed, a nervous wreck, and feel overwhelmed could see their work product diminish.

As well, employees that are on vacation should be encouraged to actually disconnect from their phones, computers, tablets, etc. and not actually work while on vacation.  Of course this is easier said than done a recent study has found that as many as 60% of employees stated that they did some work while on vacation.  However, encouraging employees that are on vacation to actually take the time off and not work can be beneficial for all parties.


Do Not Forget to Pay the Vacationing Employee

When an employee takes time off for for a vacation, employers would be wise to remember to still pay that vacationing employee.  Regardless of whether the employee takes off one day or ten, that employee should receive the same fixed rate of pay that they would normally receive if they were at work.  Trying to "cheat" the vacationing employee out of their pay or attempting to withhold it as punishment for taking time off is a sure fire way to invite a lawsuit.

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