Employees frequently ask:
“If I request time off in advance, can my boss still deny it?”
“What about a doctor’s appointment?”
“What about a vacation I already paid for?”
Under Texas law, the answer is often surprising.
Texas Is an At-Will Employment State
Texas follows the doctrine of at-will employment.
Under Texas law:
“Employment for an indefinite term may be terminated at will and without cause by either party.”
— See Montgomery County Hospital District v. Brown, 965 S.W.2d 501 (Tex. 1998)
This means that unless you have:
- A written employment contract,
- A collective bargaining agreement,
- Or statutory protection,
your employer generally has broad discretion over scheduling — including approving or denying time off.
There is no general Texas statute requiring private employers to approve vacation requests.
1. Vacation Requests in Texas
Texas law does not require private employers to provide vacation time at all.
If vacation is offered, it is governed primarily by:
- Company policy
- Employment contract
- Written handbook provisions
The Texas Workforce Commission makes clear that vacation benefits are controlled by employer policy, and employers may:
- Deny requested dates
- Cap vacation usage
- Restrict time off during busy seasons
- Require advance notice
- Even change policies prospectively
If an employer’s written policy gives management discretion to approve vacation based on business needs, that discretion is usually enforceable.
2. Doctor Appointments: Can They Be Denied?
A. Ordinary Medical Appointments
For routine doctor visits, the same general rule applies:
An employer may deny the request unless a specific law protects the absence.
There is no standalone Texas statute requiring employers to allow routine medical appointments.
B. The Family and Medical Leave Act (FMLA)
The federal Family and Medical Leave Act of 1993 (FMLA)changes the equation for eligible employees.
Under 29 U.S.C. § 2612(a)(1):
Eligible employees may take up to 12 weeks of unpaid leave for:
- A serious health condition
- A family member’s serious health condition
- Birth or adoption
- Certain military circumstances
If the medical condition qualifies as a “serious health condition,” and the employee meets eligibility requirements (12 months employment + 1,250 hours + employer size threshold), the employer generally cannot deny the leave.
However:
- Advance notice may be required.
- Medical certification may be required.
- Leave must qualify under statutory definitions.
Routine checkups usually do not qualify unless tied to a serious condition.
3. Protected Leave Under Texas Law
Texas has limited additional leave protections.
For example:
Jury Duty
An employer may not penalize an employee for jury service.
Tex. Civ. Prac. & Rem. Code § 122.001
Military Leave
Employees are protected under federal USERRA protections.
Voting Leave
Texas law requires employers to allow time off to vote if an employee does not have sufficient time outside working hours:
Tex. Elec. Code § 276.004
But again — these are specific statutory protections. Outside of them, employer discretion remains broad.
4. Can Your Boss Deny Pre-Approved Vacation?
This is a common frustration.
Even if:
- You requested months in advance,
- Paid for flights,
- Booked a cruise,
If the employer policy allows managerial discretion, the employer may revoke approval — unless:
- There is a binding contract guaranteeing the leave,
- The denial is discriminatory under federal law,
- The denial is retaliation for protected activity.
Retaliation protections may arise under laws such as:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act of 1990
- Fair Labor Standards Act of 1938 (anti-retaliation provisions)
If leave is denied for discriminatory reasons (race, sex, disability, religion, etc.), that may be unlawful.
But simple business inconvenience? Usually legal.
5. When Denial Becomes Illegal
A time-off denial may cross the line if it is:
- Discriminatory
- Retaliatory
- In violation of a written contract
- In violation of FMLA
- In violation of jury/voting/military statutes
Otherwise, Texas courts generally defer to employer scheduling discretion.
6. Practical Takeaways for Texas Employees
- Read your handbook carefully.
- Submit requests in writing.
- Confirm approval in writing.
- Understand whether you qualify for FMLA.
- Avoid assuming that “approved once” means permanently protected.
7. Practical Takeaways for Texas Employers
If you are an employer, clarity prevents litigation:
- Maintain written policies.
- Apply policies consistently.
- Avoid selective enforcement.
- Document business reasons for denial.
Consistency is your best defense.
Final Answer: Can Your Boss Deny Your Plans?
In Texas, absent statutory protection or contract, yes — your employer can deny your requested time off, even if requested in advance.
That does not make it good management — but it is often lawful.
If you have questions about how employment rules intersect with divorce proceedings, wage issues, business disputes, or contractual rights, consult with qualified counsel to evaluate your specific facts.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
