Legal Question in Employment Law in California
Vacation hours time taken to offset ''reduction of hours''
In December my mother took ill. I went to take care of her at that time . I was not on a leave of absence. I was gone for approximately 5 weeks.
I proposed to my company since my job is extremely a critical position that I would work up to 4 hours per day and take the balance of this time 4 hours in vacation time. They accepted this proposal. I communicated with the office on a daily basis by email and by phone. I directed my staff on what to do from a long distance basis. I am also an exempt employee. I am now under the impression that if I work any amount of time during any given day that I should not need to take any vacation hours to compensate for the time that I took. I am a dedicated worker and believe I was doing what was needed to help the company get through my absence.
Please advise if I should request for the company to return my vacation hours. Thank you
1 Answer from Attorneys
Re: Vacation hours time taken to offset ''reduction of hours''
Technically, you are correct that, as an exempt employee, you should be able to work partial days without having to use vacation days. However, it seems that you and your employer worked out an agreement whereby you would temporarily be a part-time employee with the balance of your week paid by using vacation time. Under these circumstances, it may seem to your employer that you are reneging on a deal that you made. While you may be legally right, you may not want to make this claim if you are interested in maintaining a positive relationship with your employer.
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