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  • CA: Vacation / Sick Time

    About a week ago, with no request from me, I received a printout of my current sick and vacation balances. Today, again unrequested, I received a new version of this printout with significantly reduced balances. There is no list of what is deducted on this printout and the young lady that handed it to me, knowing that significant changes had been made, told me that she was just doing what she was told to.

    Can an employer make such subtractions without me signing anything? We have a standard process for requesting time off, whether vacation, sick or otherwise. I made no request nor agreed to any such changes. For the record, I am a salaried employee with this organization, that has been undergoing significant changes, few for the better. What should I do? The individual that is in the office that is charged with tracking all of this was conveniently out of the office after this was given to me.

  • #2
    Your question is talking about the wrong sort of things, like the employer needing permission from you to change the balance, something that is no where in the law.
    - If you really "earned" the vacation, then the forfeit is flat out illegal.
    - If instead your employer is just correcting an error, that is legal.

    Talk to the boss of the person who does not know why she does things. Be polite. If you do not get a good answer, you can try filing a wage claim with CA-DLSE. Just be clear that CA-DLSE is only interested in their rules, the ones that actually exist.
    http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

    You can also try looking up the company's vacation policy (if any) and see what you should be earning.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I may have formulated my question wrong and for that I apologize. The original balances, minus actual time I have take off through the first 5 months of the year were correct and legally earned in accordance with the companies published guidelines. The changes were made without explanation and thus I was at a loss. Lacking sufficient knowledge about the legalities of such changes, I turned here for some assistance which, thankfully, I have received.

      I get the feeling that this is related to the new, new being a relative term, boss and the stink that I have been hearing about him making about employees working 40 hours per week in the office. Previously, there have been several of us that, due to our job functions, have been required to work well after normal working hours from home, and the employer made allowances for such by providing amongst other things, internet connectivity for same, but he has recently prohibited all such activities.

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      • #4
        Your boss is doing nothing illegal by prohibiting you from working at home and requiring you to work 40 hours at the office.

        One thing to note is that if you missed day even if you did not request paid time off, as an exempt worker, PTO can be applied without your requesting it, to cover that time off.

        If you haven't already done so, read the link to CA's vacation regs that DAW provided, and talk to the person who changed your hours as DAW suggested. If the problem doesn't resolve you can take it up the food chain or file a wage claim with CA DLSE.

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        • #5
          I was not trying to infer that he was doing anything wrong by making these two changes although I can see how it may have been taken that way.

          I have made the request for a transaction listing for my vacation/sick time for this year as we accrue our allotment on January 1st. I am afraid that I know what has happened, until recently, my job functions required me to work after our standard hours and on weekends. These hours, while documented, are not part of our time clock records and I am expecting to see deductions based on the difference in what the time clock reports show and a 40 hour work week. I am not sure about that works in California as I am a salaried employee yet still required to utilize the time clock. I've never refused to do this.

          Not sure what I need to look at next but I have read the provided link and in there I have found one point that the organization is doing in violation and that is not allowing vacation to roll-over year to year.

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          • #6
            Originally posted by vision View Post
            I am not sure about that works in California as I am a salaried employee yet still required to utilize the time clock. I've never refused to do this.
            "Salaried" is just a payment method that really does not mean much by itself. The key is your Exempt status. IF you are non-exempt, then your employer is legally required to keep accurate time accounting records and pay MW/OT. IF you are Exempt, then the handling sort of depends on your exact Exempt classification (there are 100 or so).

            Exempt status is a function of your actual job duties and sometimes the industry.

            Originally posted by vision View Post
            Not sure what I need to look at next but I have read the provided link and in there I have found one point that the organization is doing in violation and that is not allowing vacation to roll-over year to year.
            Then politely talk to someone senior enough to know what is happening. Ask for an explanation. Do not make demands. Some violations means that the employer does not know what they are doing. Some violations means that the employer does not care what they are doing.

            If you end up going down the wage claim route, documentation helps. A lot.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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