Legal Question in Employment Law in California
Halting Vacation Accrual?
My company devised a new policy that states no employee can accrue more then 200 hours of vacation time & that all employees must be below that limit by 12-31-07. This policy went into effect in May of 2005. Several of us had approximately 350 hours when this announcement was made & we were accruing 3 weeks (120 hours) per year at that time. Is it legal for the employer to stop allowing the employee to accrue vacation time during this period or should we still be accruing 3 weeks vacation per week while we are trying to reduce our hours down below the 200 limit we must reach by 12-31-07?
2 Answers from Attorneys
Re: Halting Vacation Accrual?
While employers may not take away vacation hours that have already been earned, they can put a cap on how many hours may be accrued in the future, upon notice to the employees, unless the vacation plan has been bargained for through a union.
Re: Halting Vacation Accrual?
It is illegal for an employer to have a "use it or loose it" vacation policy. However, that is not the case here. In your matter, the employer has provided advance notice of a cap on earned vacation. This is permitted within appopriate limits with appropriate notice.
I am sorry. However, if you still feel the policy is amiss, you are welcome to contact the California Labor Commissioner and seek advice as well.
Best of Luck, Beth Mora
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