Legal Question in Employment Law in California

Vacation Time Deducted from Exempt Salaried Employee

Prior to asking this question, I asked HR for my emplyee classification. I am an Exempt Salaried Employee. My question to you is this:

I do between 6 - 10 hours of overtime a week. I have scheduled with my employer, the time off I am requesting (5 full days, 3 partial days)for the remainder of the year. For those three days (Friday or Monday of the week) where I am working for at least half the day. My employer approved the time off, but communicated to me that the partial days will still be deducted from my vacation time. Does my employer have the right to deduct my vacation time?


Asked on 4/12/04, 4:39 pm

1 Answer from Attorneys
JEB Pickett Wynne Law Firm

Re: Vacation Time Deducted from Exempt Salaried Employee

Your question falls into a gray area of current law. While the State DLSE has indicated that it may contend that such deductions invalidate your exempt status, no State decision exists on this point. The Federal standards and Federal 9th Circuit opinions hold that your employer is entitled to deduct from your accrued vacation time for partial days off as long as it does not deduct from your actual salary.

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Answered on 4/19/04, 2:27 pm


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