Q:  We have Christmas approaching.  In past jobs, I have
taken the week off between Christmas and New Year’s to visit family out
of state.  I just started working at a new company and employees
recently received a memo that taking vacation time is not allowed during
 that week.  It is called a “black out” week.  I have never heard of
this and am really disappointed.  Is this legal to do?
A:  Vacation time is a benefit offered by many employers.  Usually
full-time employees receive vacation time benefits and sometimes
part-timers do as well, usually on a pro-rated basis.
It sounds like this restriction was a surprise to you.  The week between
 Christmas and New Year’s is a popular vacation week, particularly for
those employee traveling for the holidays.  Most companies have a policy
 that vacation requests should be submitted in advance and then the
employer can use a specific criteria, like seniority, to decide who is
able to take the week off.  However, there are often exceptions.  For
example, if an employee is planning a honeymoon or if an employee is
attending a memorial service for a loved one out of state.  
Your company’s “black out” practice is legal.  Employers can mandate
when employees use vacation time.  However, I would explain to your
manager that you were not aware of this practice when you were first
hired.  You can politely request an exception, but as a newcomer, don’t
expect it.  A valuable lesson is to mention a planned vacation before
accepting an offer.  You have more leverage asking for an exception
before you accept an offer vs. after you have been hired.
Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.
