Legal Question in Employment Law in California

Vacation Accrual

My company's policy is 1wk the 1st year, 2weeks the second & third years and we start accruing 3wks after 3years are completed (so basically our 4th year). I started 3/31/2003 accruing at 1.54/pay period. So on my anniversary 3/31/2004 my accrual increased to 3.08. I went on maternity leave (Disability & Family Leave) in December 2005 and returned 3/20/2006. 3/31/06 was my anniversary. I understood that my vacation did not accrue while I was out but because I was off for 3 months (12wks) they bumped up my anniversary date to 3 months later so that my increase of accrual to 3wks of vacation would not take place until 3months later. Is this legal? Technically I was still working for the company, I just had some time off. So my anniversary date shouldn't have changed right, I just wouldn't have accrued any vacation while I was off??? Our policy doesn't say anything about how many hours have to be wroked in the year, only that we work for the company. When I take unpaid vacation my anniversary date stays the same. Really my time off was just like a long unpaid vacation so why should it change my anniversary date?


Asked on 9/07/06, 12:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Vacation Accrual

You're right, they shouldn't change the anniversary date. You can object and request they correct. If they don't, feel free to contact me to help get it done.

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Answered on 9/08/06, 1:06 pm


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