No Fun: Vacation Cancellation Request

(Published May 15, 2009)

 

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. Click here to view a sample issue, get more information, or sign up for a risk-free subscription.

 

One of the hardest conversations you may have with an employee that is not termination-related is when you must tell them to cancel their vacation plans.  They're not going to readily acquiesce, even if there is a legitimate business emergency.  While you have every right to make the request, treating the employee with understanding and kid gloves will go farther than wielding an iron fist.

 

Here Comes The Sun

Beth Bristow was looking forward to hitting the beach the following week. She hummed happily to herself as she sketched the storyboards for her advertising agency's new client. She didn't mind putting in extra hours in order to get her work done, since she knew she would be relaxing in the sun soon enough.

 

Her reverie was suddenly shattered when her manager bellowed from his office, "Beth! Desmond! Arnie! In my office! Now!"

 

The three quickly ran to Zeke Shriver's office.

 

"I just got off the phone with Colleen from JRJW. Their product launch has been moved up. Those deadlines we had for preliminary sketches are now final deadlines for the campaign."

 

Beth, Desmond, and Arnie gasped.

 

"This is what we're going to need to do…." Shriver began spelling out their new game plan.

 

After listening for about five minutes, Bristow blurted out, "What about my vacation?!"

 

"I'm sorry, Beth, but you're going to have to cancel it. I need you here next week," Shriver said sympathetically.

 

"But, but, our hotel is booked…our flights are booked…it was really hard for my husband and I to coordinate our days off!" Bristow cried. "And our plane tickets are non-refundable!"

 

"You know I wouldn't ask if it weren't absolutely necessary."

 

There Goes The Vacation

There are no federal employment laws covering this situation, and it is unlikely there are any state employment laws that specifically address this matter. (Keep in mind that public sector employment or the presence of an employment contract or collective bargaining agreement must be taken into consideration.) This means that Shriver can handle this one of several ways.

 

While Bristow has the "right" to refuse to cancel her vacation, Shriver has the right to discipline her for an attendance violation or for failing to follow a direct work order, i.e., insubordination. 

 

The company is also not legally obligated to reimburse the employee for any monetary losses, but she could try to take the company to small claims court. 

 

However, if Shriver values Bristow, he can show his appreciation for her sacrifice by working with her: Is a short postponement of the vacation possible (versus a complete cancellation)? Could she take work with her on her vacation? Is it possible to compromise on a shortened vacation? Would the company be willing to reimburse her for half of her monetary losses (upon receipt of proof, of course)?