Legal Question in Employment Law in California
I am a part time Hygenist that has worked for my current employer for 5 years. I have been paid vacation according to our employee hand book as though I am a full time employee for the last 2 years. Now my employer is saying that I do not quailify for vacation because I am part time. Can my employer stop paying me vacation now, even though they have paid me previously?
1 Answer from Attorneys
There is no law that requires employers to pay for vacations taken by its employees. It is a benefit that many employers grant and when they do, they can set forth the rules upon which vacation pay is earned. The only limitation is that once earned, it cannot be take away.
If your employer is saying only full-time employees can earn paid vacation and you are a part-time employee, the fact that you were erroneously paid for vacation, in the past, does not give you any legal right to be paid vacation benefits in the future. If you have a contract that guarantees you the right to paid vacation, I might change my response.
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