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California: Taking away vacation hours

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  • California: Taking away vacation hours

    I have a question to help my father, if anyone can help me.

    My father has accumulated well over 200 hours of vacation time. He has never been given notice that there was a cap on hours, nor is it outlined in the company policy book. At one point, the company was sold, and the new owners told him that they wouldn't allow him to acrew any more vacation time.
    Recently, they told him that they made a mistake, that he cannot earn more than 150 hours, and took the time earned over that amount away. Months after he earned that time.

    I know that it is legal to put a cap on hours that can be accrued, and that use-it-or-lose-it policies are illegal. But specifically, can they take the hours away after the fact?
    I suspect not...and if anyone can direct me to the labor codes that state it, please help me find them.

    Thank you ahead of time.

  • #2
    California Labor Code 227.3. Unless otherwise provided by a collective bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy shall not provide for forfeiture of vested vacation time upon termination. The Labor Commissioner or a designated representative, in the resolution of any dispute with regard to vested vacation time, shall apply the principles of equity and fairness.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you so much!


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