Employee time-off request policy (template)
An employee time-off request policy states how far ahead staff must ask, how requests are submitted and approved, which dates are restricted, and what happens when two requests clash. Federal law does not require paid vacation or paid sick leave (US DOL), so the policy is yours to write, within any state or city rules and the FMLA if it applies to you.
What federal law requires (and does not)
| Topic | Federal rule | Source |
|---|---|---|
| Vacation, holidays | The FLSA does not require payment for time not worked, such as vacations or holidays | US DOL, Vacation Leave |
| Paid sick leave | No federal legal requirement for paid sick leave | US DOL, Sick Leave |
| FMLA coverage | Private employers with 50+ employees in 20+ workweeks in the current or previous calendar year | US DOL, FMLA |
| FMLA eligibility | 12 months of service, 1,250 hours in the past 12 months, 50+ employees within 75 miles | US DOL, FMLA |
| FMLA leave | Up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying reasons | US DOL, FMLA |
State and city laws can require paid sick leave and set notice rules for it. Check your state labor department before you publish the policy, and do not apply the notice periods below to legally protected leave if your state forbids it.
The policy template
The numbers in brackets are example values. Pick your own and keep them the same at every location.
- Scope. This policy covers planned time off (vacation, personal days, appointments) for all hourly staff at all locations. Sick leave and legally protected leave follow [state/city law and section 7].
- How to request. Submit every request in [the scheduling app / the request form], not by text or verbally. A request exists only once it is submitted there.
- Notice. Submit requests at least [14] days before the first day off. Requests made after the schedule for that week is published are approved only if the shift is covered.
- Decision time. The manager answers within [3] days. No answer is not approval.
- Clashes. When requests for the same dates exceed the [2] people per location who can be off, the earlier submitted request is approved first.
- Restricted dates. Requests for [the 2 weeks before Christmas, Black Friday weekend] are approved only for [1] person per location. Restricted dates are published by [January 31] each year.
- Protected leave. Sick leave, FMLA leave (if the business is covered) and other leave required by law are handled under the law, not under the notice and restricted-date rules above.
- Pay. Planned time off is [paid from accrued PTO at X hours per Y hours worked / unpaid].
- Cancelling. An employee may cancel an approved request up to [7] days before; after that, only if the manager agrees.
- Records. Approved and denied requests are kept with the schedule for at least [2] years.
Item 10 matches the US DOL rule that records on which wage computations are based, including work schedules, are kept for 2 years (Fact Sheet #21).
Example: two requests for the same week
Store 1 allows 2 people off at once. Requests arrive on Oct 2 (Ana), Oct 5 (Ben) and Oct 9 (Cara), all for Dec 1–5. Ana and Ben are approved in submission order; Cara's is denied or wait-listed, and the reason given is rule 5. With a fixed rule, the decision does not depend on which manager is working.
Approval checklist for managers
| Check | Pass if |
|---|---|
| Submitted on time? | At least [14] days before |
| Already scheduled? | No shift on those dates, or the shift is covered |
| Location limit | Fewer than [2] people already off |
| Shared staff | No shift at another location on those dates |
| Restricted date? | Within the restricted-date limit |
In Assistlify, staff send time-off requests from their phone, and approving a request flags any shift the person already has on those dates; approved time off is also used when a schedule is generated from availability. More on publishing schedules in how far in advance to post a work schedule and on peak dates in holiday scheduling for small businesses.
This is general information, not legal advice. Check your state labor department for current rules.
Questions
Are employers required to give paid time off?
Not under federal law: the US DOL says the FLSA does not require payment for time not worked, such as vacations, sick leave or holidays. State and city laws can require paid sick leave.
How much notice should employees give for time off?
No federal rule sets it; the policy sets it, for example 14 days for planned time off, while legally protected sick and FMLA leave follow the law's own notice rules.
Does FMLA apply to my small business?
Only if you had 50 or more employees in 20 or more workweeks in the current or previous calendar year, according to the US DOL.
How do I handle two employees asking for the same days off?
Set a per-location limit and approve in the order requests were submitted; publish that rule in the policy so every manager applies it the same way.
Sources
- US DOL: Vacation Leave (checked 2026-11-12)
- US DOL: Sick Leave (checked 2026-11-12)
- US DOL Wage and Hour Division: Family and Medical Leave Act (checked 2026-11-12)
- US DOL Fact Sheet #21: Recordkeeping Requirements under the FLSA (revised July 2008) (checked 2026-11-12)