Legal Question in Employment Law in California

I just discovered I did not accrue the vacation hours I normally accrue this month since the employer claimed I was over the max accrual amount. The max is based on 150% of an annual accrual amount. I was accruing 200 hrs /year so my max was 300 hrs. However, the company said they changed the vacation accrual policy so that I now get 160 hrs/year and my max is therefore 240 hrs and I am above that and so I did not get my vacation accrual for January. Can they change the accrual rate like this to just some employees? I've been earning this vacation accrual for over a year and a half now and was hired into my position w/ the understanding I'd earn vacation at 200 hrs/year.


Asked on 1/23/15, 9:51 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

An employer can change the vacation accrual plan for at-will employees, whenever and however they like, provided that it does not constitute unlawful discrimination. They cannot take away vacation, however, that is already accrued. If you had accrued over 240 hours by the time the policy changed, your employer cold not reduce your accrued hours to 240.

A change in policy can certainly affect some employees but not others without violating California law.

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Answered on 1/24/15, 3:03 am


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