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  • vacation Time California

    We let an employee go after 3 months and two weeks...our manual states...

    Vacations are determined by the anniversary date (date of hiring) of the employee. Regular, full-time employees are entitled paid vacation per year based on the following accrual schedule:

    Length of Employment Accrual
    0-12 months -0-
    13-24 months 5 working days per year
    25 month and beyond 10 working days per year

  • #2
    And your question is?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by tina1973 View Post
      We let an employee go after 3 months and two weeks...our manual states...

      Vacations are determined by the anniversary date (date of hiring) of the employee. Regular, full-time employees are entitled paid vacation per year based on the following accrual schedule:

      Length of Employment Accrual
      0-12 months -0-
      13-24 months 5 working days per year
      25 month and beyond 10 working days per year
      When you let someone go prior to anniversary you are required to pay them their pro-rata vacation regardless of what your policy states.
      Walter

      www.Californialaborlaw.info
      "California Wage and Hour Class Action Attorneys"

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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      • #4
        Maybe, although CA-DSLE considers this type of situation to be a bit more nuanced then that.

        http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

        1. Q. My employer’s vacation plan states that no vacation is earned during the first six months of employment. Is this legal?

        A. Yes. DLSE’s enforcement policy does not preclude an employer from providing a specific period of time at the beginning of the employment relationship during which an employee does not earn any vacation benefits. This could apply to a probationary or introductory period, and can even apply to the whole first year of employment.

        Such a provision in a vacation plan will only be recognized, however, if it is not a subterfuge (phony reason) and in fact, no vacation is implicitly earned or accrued during that first year or other period. For example, a plan with the following provisions would be an obvious subterfuge and not regcognized as valid:

        Year 1: No vacation

        Year 2: 4 weeks vacation

        Year 3: 2 weeks vacation

        The four weeks’ vacation earned in the second year, when viewed in the context of the two weeks’ vacation earned in the third year, makes it clear that two of the four weeks earned in year two are actually vacation earned in year one.

        A valid vacation plan could look like the following:

        Year 1: No vacation

        Year 2: 2 weeks vacation

        Year 3: 3 weeks vacation

        Years 4 through 10: 4 weeks vacation

        In those instances where a "waiting period" (Year 1 in the examples above) is found to be a subterfuge, employees who separate from their employment during the "waiting period" will be entitled to prorated vacation pay at their final rate of pay. On the other hand, where the employer’s vacation plan has a valid "waiting period" provision, employees who separate from their employment during that period will be ineligible for any vacation pay.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          how many employees are affected?
          Originally posted by tina1973 View Post
          We let an employee go after 3 months and two weeks...our manual states...

          Vacations are determined by the anniversary date (date of hiring) of the employee. Regular, full-time employees are entitled paid vacation per year based on the following accrual schedule:

          Length of Employment Accrual
          0-12 months -0-
          13-24 months 5 working days per year
          25 month and beyond 10 working days per year
          Walter

          www.Californialaborlaw.info
          "California Wage and Hour Class Action Attorneys"

          Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

          Comment


          • #6
            Sorry I had PC malfunction but I guess California labor law answered the question but my question was.....Do we still have to pay here any vacation time and does the law over ride our policy that no vacation time is actually accrued until 12 months of employment. She only worked 3 months and 2 weeks??

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            • #7
              Originally posted by tina1973 View Post
              Sorry I had PC malfunction but I guess California labor law answered the question but my question was.....Do we still have to pay here any vacation time and does the law over ride our policy that no vacation time is actually accrued until 12 months of employment. She only worked 3 months and 2 weeks??
              It looks to me, given the previous information, that the employee is not entitled to vacation pay at all.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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              • #8
                We have 15 fulltime employees that qualify for vacation after the year!! Is that what you mean by how many employees are affected?

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                • #9
                  If the employee doesn't start accruing until after they've been there a year, then there is no vacation to pay.

                  If the employee can TAKE vacation after they've been there a year, then the state presumes that the employee has been accruing from day one and the pro-rata portion would need to be paid.

                  Does that help?

                  Don't know why the number of employees affected is an issue.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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