Legal Question in Employment Law in California

Hello. I am an exempt manager working in California. My employer mandates a 1 week work furlough for all exempt (non-Sales) personnel in the company. My question is regarding vacation time. Many of my management peers feel pressured that we are not able to use our vacation time since we are already taking 2 weeks off during the year, and our businesses do not have the luxury of having secondary management levels at our properties. We stop accruing at the 3 week mark (many are receiving either 3 or 4 weeks per year, based on tenure). Thus, for a large portion, we do not accrue vacation any more, and it is difficult to get vacation time approved. Is this the correct way to administer this? I would think California would require all vacation to be current before work furloughs are legal to adminster by employers. Thoughts?


Asked on 6/20/11, 4:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Thoughts? You must stand up for yourself and firmly request your vacation schedule, and follow through. Feeling 'pressured' is not the same thing as being illegally denied. IF you could prove denial, then you could file a claim with the Labor Commissioner. 'Use it or lose it' plans with max accrual limits are quite legal, so make sure you use it.

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Answered on 6/21/11, 10:11 am


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