Legal Question in Employment Law in California

Vacation time, can it be taken away or denied to be used?

I�ve worked for a large company for 7 years, with 4 weeks vacation and 2 personal days per year. We had major management changed in the beginning of the year and I was unable to use my vacation time until now because I was told I can not carry over my vacation time (first time in 6 years due to new management). I emailed him with my travels and vacation time request. His response is: First, this must come in the form of a request to me, not an announcement...needless to say, this is a lot of time to take off in a short period. Also, it is a company policy on ''carry over'' days, as we discussed. To me it sounds like I have too many vacation days and will not be able to use them nor carry the over and our company does not pay out to vacation either. What is my legal right?

I don�t understand why it must be requested if it is a family trip. I feel that he has plans to take vacation and he rather have me stay while he is out. I hear him talking about taking a vacation (no specific time was mentioned).

This guys has no management skills (he's friends with the big guys) and he micromanages to his benefit. Please help.


Asked on 10/18/04, 12:58 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Vacation time, can it be taken away or denied to be used?

Employers can control the use of vacation time. Notice periods as well as scheduling are within the employer's right to modify. However, no policy or scheduling procedure can take away vacation pay you have earned. You should probably use as much of the accrued time as permitted, If the policy is formally modified to prevent carry-over, make a demand in writing for the vacation pay you are due. If it is not paid, you can make a claim now (which might impact on continued employment) or you can make your claim later at the time of separation, perhaps including penalties.

If you would like further analysis, feel free to contact me.

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Answered on 10/19/04, 1:52 pm
Scott Miller Law Office of Scott A. Miller

Re: Vacation time, can it be taken away or denied to be used?

Your employer would be in violation of the California Labor Code. Unused, but accrued vacation time is treated the same as wages.

In other words, once you earn the vacation time, it may not be taken away.

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Answered on 10/18/04, 5:52 pm


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