This is a common question that many employees face. There are a few key factors that determine whether or not your boss can require you to come into work on a scheduled day off.
Employment Status
The first factor is your employment status. If you are an hourly employee, generally your employer cannot require you to work on a scheduled day off, unless you agree to it. They must pay you for all hours worked, including any overtime pay if applicable. Salaried employees can have more flexible schedules and job duties, which means a manager may be able to require them to work on a day off if needed. However, employment contracts and internal policies may restrict a manager’s ability to do this.
Company Policy
You should review your employee handbook or any company policies regarding schedules, paid time off (PTO), and attendance expectations. Many companies have policies that outline when and how much notice managers must provide if they need employees to work outside of their normal schedule. Policies may also detail any rights employees have to refuse schedule changes or options to make up missed time off. This can give you clarity on what to expect in situations when you are asked to work on a scheduled day off.
Collective Bargaining Agreements
If you are part of a union, your collective bargaining agreement (CBA) may contain language regarding scheduling and overtime. Most CBAs require premium overtime pay for any hours worked over 8 in a day or 40 in a week. The CBA may also dictate the amount of notice your employer must provide before changing schedules and whether employee consent is required. Familiarize yourself with any relevant CBA terms so you know your rights in these situations.
Employment Laws
Federal, state, and local employment laws may provide protections regarding time off and overtime pay. Key laws include:
- Fair Labor Standards Act (FLSA) – Requires overtime pay for hourly employees for over 40 hours/week.
- Family and Medical Leave Act (FMLA) – Provides job-protected, unpaid time off for medical and family reasons.
- State paid sick leave laws – Require employers to provide paid sick leave accrual and use.
- State scheduling laws – May require advance notice for schedule changes.
If your manager’s request violates any laws you are entitled to protection under, you may be able to refuse to work on your scheduled day off without retaliation.
Reason for Request
Your employer must have a legitimate business need to request you come in on a scheduled day off. If they claim it is due to an unforeseen emergency or unusual business demand, they may have reasonable grounds to require it. However, if there is no valid reason and it seems they are making arbitrary demands, you may have a case to challenge the request.
Accommodation Options
Before refusing a manager’s request to work on your scheduled day off, explore alternatives that could accommodate both your needs and your employer’s. Possibilities include:
- Offer to work a different upcoming day off instead.
- Ask if you can work remotely if the reason you are needed is not location-specific.
- Request the ability to take a different day off soon to make up for the lost day.
- Offer to be on call or assist for limited time (ex. a few hours).
Proposing compromises shows you are trying to address their needs while respecting your time off. They may be more willing to work with you on a solution.
Consequences of Refusal
Before refusing to come in, consider carefully any potential consequences. Unless you have clear protections under an employment contract, law, or CBA, your employer can often discipline or even terminate you for insubordination if you refuse a direct order to work. Potential consequences include:
- Verbally reprimanded
- Written warning
- Wages deducted / PTO forfeited
- Demotion
- Termination
These consequences can be severe, so assess the risk carefully. Get anyrequests or threats of discipline for refusing shift changes in writing from your employer. Consult an employment lawyer if you have concerns that your rights are being violated.
Conclusion
In most cases, employers can require employees to work on a scheduled day off if there is a legitimate business need. However, employment status, company policy, collective bargaining rules, and employment laws can provide protections. Before refusing, try to compromise with alternative options. Understand there is a risk of discipline or termination for insubordination if you refuse without documented rights allowing you to. Consult a lawyer if you have questions on where you stand legally.