Legal Question in Employment Law in California
do I legally accrue vacation time while on paid vacation in california? My employer has changed their policy in this regard, therefore my supposed 5 weeks vacation and sick pay are now less if I take any paid time off. I receive no vacation accrual during paid time off.
Also, they have instituted a cap at 4 weeks, so I technically can never achieve 5 weeks/year...
2 Answers from Attorneys
Employers are not required, by law, to provide any vacation pay. So, when they do, each employer has the right to impose its own rules and terms about how vacation accrues and any caps they wish to impose. The only limitations are they cannot impose use it or lose it policies, in California, nor can they change the terms retroactively, so as to take back accrued vacation pay.
I agree with Mr. Kirschbaum. It sounds, however, like you may be in a situation in which the new rules actually prevent you from taking vacation you already accumulated. That would be illegal.
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