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Thread: CA accrued vacation hours

  1. #1
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    Default CA accrued vacation hours

    I have worked for a non-profit organization for the past 3 years. I was hired as a salaried EXEMPT employee. Several months ago I noticed I was getting close to hitting the maximum vacation hours hours allowed to be accrued of 240 hours. I asked my supervisor that since my position is the only one in the company that requires a substitute in my absence to be in compliance with state regulations, (we are a licensed facility and they are open on my creditials) and I have been unable to take a vacation, could they "buy back" two weeks vacation hours. The answer was no. Approximately a month later, the person in charge of payroll called me to say he had been incorrectly accruing my hours at a lesser rate and that I actually had about 60 additional hours. This put me over the max hours allowed to about 302 hours. I was then notified they would do a "one time only" buy back of 80 hours and my hours would then be put to 160 hours since they stop accruing at 244 hours and "I should be careful to never let this happen again". I am losing all hours over 244, about 60 hours because of their accounting error. They also feel I should be thankful for the buy back. Is this legal and what can I do about it?

  2. #2
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    You cannot lose vacation that has been accrued at the correct rate. However, if they made a mistake, which caused your accrual to stop before it should have, then you are entitled to the lost accrual. What they need to do is go back and recalculate from the last time is was correct, or your date of hire, if necessary, then deduct what you've taken. I would ask for a copy of their reconciliation and go from there. Feel free to post back once you've received this if your have further questions.

  3. #3
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    I have no legal advice... I would tell them... "ohh ok, thanks.... btw, i'm taking some vaction on (and give a week or two of dates)...."

    If they dont want to get a sub they may just pay you for those unused hours!

  4. #4
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    Quote Originally Posted by babywewe View Post
    I have no legal advice... I would tell them... "ohh ok, thanks.... btw, i'm taking some vaction on (and give a week or two of dates)...."

    If they dont want to get a sub they may just pay you for those unused hours!
    Or, the OP could be fired for job abandonment. Not a good idea.

    Oh, and did you notice the original date of this thread? I doubt very seriously the OP is going to be coming back for more information 10 months later.

    The only reason I responded to your reply at all, babywewe, is that you gave very poor "advice" and I didn't want anyone reading it to think it was an acceptable option. It isn't.
    Last edited by Pattymd; 10-28-2006 at 02:54 PM.

  5. #5
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    OP: the maximum vacation hours hours allowed to be accrued are 240 hours This is an allowable policy.

    OP: I was then notified they would do a "one time only" buy back of 80 hours and my hours would then be put to 160 {240 maximum hours less 80 paid = 160 unused}: Here is where the rub lies. As your company sees it, you are not entitled to anything more than this - as all vacation stops accruing once you hit the 240 hour mark. You, on the other hand, probably feel you were monitoring your vacaton hours closely (i.e., 200, 220, 230, etc as being reported to you on your pay stub) and had you actually known the hours were really something different (i.e., 240, 250, 260, etc) you never would have let this happen -- You actually would have taken the vacation hours rather than loose them!

    OP: I am losing all hours over 244, about 60 hours because of their accounting error. Yes. But also, in part, because you let the accrual get so close to the edge (i.e., you knew you were very close to the 240 mark - even by the lower, incorrect accruals being reported to you). My point being .. you can not expect to go to your employer and on very short notice (one week or even one month) and expect it to approve your vacation. Your very case in point, it is not always feasible given business demands.

    OP: My company stated, "I should be careful to never let this happen again..." While not bad advice (as far as it goes to letting yourself get so close to the 240 edge), I suspect you have the same advice for your employer: "Provide me with my correct vacation accrual amounts and I will be certain to schedule my vacation accordingly."

    Bottom Line: You strike me as a hard-working, responsible, person dedictaed to her job. Your employer must realize this also. Respectfully plead your case again and ask for the accrual to be reset at 220 (320 - 80). In light of the misinformation being reported to you by the comany, I find it hard to believe your employer won't make this concession for you. Most employers are reasonable and want to keep good workers happy and content.

    P.S. If you are willing to work for three years and not take any vacation (presumably, you have not taken too many sick days either), come work for me.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

  6. #6
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    Pardon the Bottom Line typo. Your should ask for your vacation to be reset at 220 hours (300 - 80) not (320 -80).
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

  7. #7
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    This post was 10 months ago. It's likely been worked out by now, doncha think?

  8. #8
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    Of course. Don't ask me how it hit my radar screen.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

  9. #9
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    Quote Originally Posted by BSPCPA View Post
    Of course. Don't ask me how it hit my radar screen.

    Maybe your radar is out of order. Watch out for the Chippies!

  10. #10
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    Default I actually am still here!

    I occassionally look in on your forum and for a follow-up..

    I did ask for an accounting of correst vacation hours. They took their time, and denied any errors on their part, without showing me anything. I am a single person and need my job, so.... I watch my hours carefully now, I have since gone on some great vacations, (still have not been sick, so no sick time)and last month received a substantial annual raise. I learn from my mistakes. I appreciate everyone who took the time to respond.

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