Legal Question in Employment Law in California

I am not allotted any sick days or vacation until you have been working for one year. Is that legal? Also since I am a salaried employee it is required of me to work additional days other than Monday through Friday. Is it legal for the company to demand how those days are accrued or how they can be applied?


Asked on 2/22/11, 11:38 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I have bad news and more bad news for you. There is no law that requires employers to provide any paid sick or vacation days, at all. So, when an employer chooses to offer paid days off as a fringe benefit, they can impose almost any restriction they wish to, which includes requiring that employees be with them for a year until they are eligible for the benefit.

As for the other bad news, assuming you are legitimately classified as an exempt employee (many employers incorrectly classify employees as exempt), it means you get paid the same wage, regardless of how many hours the employer requires you work. It is completely up to an employer's discretion how it wishes to schedule its work force and is not limited to Mondays through Fridays.

Unfair? Perhaps. Illegal? No.

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Answered on 2/22/11, 1:09 pm


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