Legal Question in Employment Law in California

Vacation

My contract with my employer says: ''After 1st year plus 1 day of employment, full-time employees are eligible for 5 days/1 week accrued paid vacation during the 2nd year and eligibility year must be completed. Vacation can be taken only in 5 day period.'' (quoted as it appears in ontract) --

I'll complete my first year in may/07. Will I be able to take five PAID vacation days from may/07 or do I have to wait until may/08 to receive five paid days? If the second case applies, does that mean that if I complete 1.5 year of employement and take a 5 day vacation I will receive 2.5 paid days and 2.5 non-paid? My employer verbally attests that this is the case, although a friend lawyer said this was a standad contract meaning that I--name removed--elegible of 5 PAID DAYS already from may/07.

Thank you.


Asked on 3/21/07, 4:41 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Vacation

The policy is ambiguous. It appears to provide for a 5 day vacation to be taken during your second year of employment, subject to completing the "eligibility year" (the first year?). If the employer is arguing that you don't get the 5 days until May of 08, the policy needs some clearer language to say that.

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Answered on 3/27/07, 7:28 pm


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