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employer vacation policy change California

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  • employer vacation policy change California

    My employers vacation policy in the employee manual states that an employee can accrue up to 210 hours for emplyees who have worked under 4 yrs and 280 for over 4 yrs. On March 26, 2009 I received an email stating that I needed to use some time due to a "temporary change" in the policy which reflects an employee can only accrue up to 120 hrs. This email only went to the three of us who were over the 120 hours. They stated due to the "economic climate" they needed to make this change. I believe that due to overly spending and miscalculating the 3 week vacation vs the cap of 280 they are changing the rules for the end of the fiscal year. We were told to get our hours down to 120 by the end of June. My questions are: can they force me to take the time? Can they hold my accruing time if I am over the new 120 cap. How much time is considered a reasonable notice to implement such a change? Can we ask for the cash over the 120 hours? Is this an unreasonable change from 280 to 120? Is an email sent to a few and not company wide considered binding policy change?

  • #2
    Originally posted by seaside444 View Post
    can they force me to take the time?
    Yes. See question #6 on the factsheet I will cite at the bottom of my answer.


    Originally posted by seaside444 View Post
    Can they hold my accruing time if I am over the new 120 cap.
    Maybe. I could write such a policy in a legal manner. There is no certainty that your employer has (or has not) done so.


    Originally posted by seaside444 View Post
    How much time is considered a reasonable notice to implement such a change?
    No idea. You want want to ask CA-DLSE that.

    Originally posted by seaside444 View Post
    Is this an unreasonable change from 280 to 120?
    Not inherently. The actual written rules on vacation do not specify how many hours people should be able to accrue. The key is that the employer can not cause a forfeiture to occur. That is a bright line. There are other rules, but the other rules are softer.

    Originally posted by seaside444 View Post
    Is an email sent to a few and not company wide considered binding policy change?
    According to you, the new policy does indeed potentially affect all employees but only 3 employees have more then 120 hours accrued. I am reasonable familar with the CA vacation rules and I am pretty sure that there is no email restrictions in those rules. I am pretty sure that making a generic rule change that will long term effect all employees but short term directly effect only three employees in not inherently illegal.

    -----

    I am going to include a pointer to the actual CA vacation rules. Please note that most of the points that concern you are not addressed in the actual rules. For you to have an actionable issue, you need to find an actual rule that is being broken. Based on what you have said, I am not sure that is true.

    http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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