Legal Question in Employment Law in California

I have been accruing vacation for several years at my place of employment. I have accrued more vacation days than I have taken and have rolled over the days into the next year. Recently I received a notice from my employer that they will now activate a maximum number of days that we can carry over and that I will no longer accrue any new vacation time until my "rolled over" hour bank has dropped down to the maximum level.

I have not accrued any new vacation time in over a year. At the present rate of vacation time taken\year it will take me several years to reduce my rolled over days far enough to start accruing vacation again.

My question is: Is this legal? I had to skip vacation to complete projects over the years...thinking that I could bank the hours and get some kind of credit for it later. Now it seems like I am being punished for going above and beyond the call of duty.

Any input is welcome.


Asked on 1/29/12, 12:06 pm

1 Answer from Attorneys

It is completely legal. An employer has the right to change terms of employment at any time as long as the changes are prospective. So they can't take away vacation, but they can change the policy on accruing vacation going forward in any way at any time, just as they can raise or lower your salary, or change or cancel benefits. Unused vacation is a real problem for employers. Among other issues is the fact that you earned it at one rate, but if you save it up and get raises they have to pay it to you at the higher rate, and they have to pay it to you in cash when your employment with them ends. It is bad for business to have to carry that kind of constantly growing debt on their books. Another issue is that studies have proved that employees who do not take vacation perform more poorly on the job than those who do. Employees need to "recharge their batteries," with time off. So by never taking your vacation you are not doing your employer any favors, and they have a right to put a stop to you making the problem worse for them.

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Answered on 1/29/12, 3:18 pm


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