Legal Question in Employment Law in California
Vacation Day Rollover - Use it or lose it
I have accumulated over 3 weeks of paid vacation days for time worked. I accumulate so many hours of paid time off for each week worked. I am a fully employed non-exempt employee. I have not taken all of my vacation this year and now the company does not want to roll over all of my vacation.
Is it legal for the company to erase some of my accumlated vacation days? Is a use it or lose it policy in line with current law in CA? There is nothing in my employement papers that states this policy because most people use up their vacation.
Thank you!
2 Answers from Attorneys
Re: Vacation Day Rollover - Use it or lose it
Use it or lose it vacation policies are not valid in California. Once vacation time has been earned it cannot be taken away. However, employers may put a cap on how much time an employee can bank. If, for example, the employer says you cannot earn any more vacation time in 2004 until you use the time earned previously, that is valid. But you must be informed of this first, to be enforceable.
Re: Vacation Day Rollover - Use it or lose it
Make sure to document your requests to the employer, either by email or letter. The employer may not take action against you for demanding your rights under the law (Ditto: policy is illegal.)
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