Legal Question in Employment Law in California
pro rating vaction
My co. policy is that if you work less than 1500 hrs in a year your vac. time will be pro rated, both by time and money. If A person works 1500 hrs they are entilted to the full vac. with no penalty. Work less than 1500 hrs is pro-rated based on a 2080 hrs. The avg employee works 1950 hrs a yr based on a 7.5 work day. Time allowed they are given 15 days vacation /120 hrs. they are also paid for 11 holidays during the yr/88 hrs. This means with no time missed they are actually only working 1742 hrs per yr unless OT is accured. The company does not include vac. or holiday pay when they pro-rate hrs even though they are mandatory that you take them. employee with no absents I had a serious medical issue and worked 1449.7 hrs not counting paid vac(120 hrs) and holidays(88hrs). I am being heavly penilized for having a medical issue. Are they leagally allowed to let all others work only 1500 hrs without a penality but pro rate a LOA/,less than 1500hrs a yr on the 2080 hr a yr. Is it legal that they do not count vac/ holiday hrs as time worked,they are mandatory that you take them . Is there a part of the legal code I can refer to concur this. The co I work for is in Ca, non union and a fourtune 500 co.
1 Answer from Attorneys
Re: pro rating vaction
It is important to first understand that there is no law that requires employers to provide vacation or holiday pay at all. It is entirely up to the company to decide if it wants to provide such a fringe benefit and upon what conditions.
Having said that, in general, although the company can determine how vacation pay is earned, once it is earned, it cannot be forfeited. It is not clear from your question whether the amount of paid vacation earned is different, based on the hours worked (which is legal), or if paid vacation already earned is reduced due to subsequent time taken off (which sounds illegal to me).
The other issue I think you raise, is whether they have a use it or lose it policy. Companies cannot require that employees use their accrused vacation time or lose it. But they can put a cap on how much vacation time you may earn.
If you think your rights have been violated, I advise you to discuss this matter with an employment law attorney in your area.
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