Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

carryover vacation in California California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • carryover vacation in California California

    I am in California, and am employed by a multi-national company. In 2008 I used the normal amount of vacation to which I was entitled for the year. However, I have 7 days of 'carry-over' vacation in excess of the amount that is allowed by the company. I carried this surplus (plus the full allowed amount of carry-over) from 2007-2008 without problem. I believe this is because of California law.

    In mid-January of 2009, there will be layoffs. I think is it likely that I may be impacted. Without pre-announcing anything about the pending layoffs, my manager is pressuring me to use up this 7 day carryover surplus right after the 1st of the year. I believe this is being done to reduce the amount of vacation pay I would be due if laid-off.

    I'm not opposed to reducing my surplus vacation, but I would like to use it later in the year, as part of a planned vacation. Of course, if I'm to be laid off in mid-January, I'd rather take the cash value of my vacation as part of my lay-off payment.

    Can I be forced to take this vacation? If I am forced to take it because of a pending layoff, is the company depriving me of the value of the vacation in a way that violates California labor law?

  • #2
    Nothing in California law, or the law of any other state either, for that matter, gives you the guaranteed right to determine when you will take vacation. While it is true that unused vacation time in a number of states, including California (note to future readers of this thread; please do not attach your own questions to this thread asking if the same is true in your state - start your own thread with your own question) must be carried over from year to year until it is taken or paid out, it is the right of the employer to determine when vacation can and cannot be taken. As long as you receive the value of the vacation in either time or dollars, the law is satisfied even in the strictest of states (which California may well be).

    So even if you are forced to take vacation time early in the year, and even if it is done to reduce the amount you are paid out at the time of the layoff, since you will have received the value of the vacation in time (even though not at the time you would have chosen) that will not be a violation of law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X