Legal Question in Employment Law in California

my first year on the job I was given a weeks paid vacation (40 hours) and I took a weeks vacation . At my second year I was given 2 weeks (80 hours) and I took two weeks vacation and again my third year I took another two weeks. I quit one month before my fourth year with the company. When I received my final check I thought I would have had some accumulated vacation pay with it but there was none. My former boss decided not to give me vacation pay this year because he's now required to give all employees 3 paid sick days. Shouldn't I have been given 80 hours of vacation time?

Asked on 2/16/16, 10:16 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Employers have the right to change vacation policy -- and eliminate vacation time entirely -- but must notify the employees in advance. They also can only do so prospectively. If your employer did not give you notice, then you may be entitled to vacation pay.

Because you only worked 11 months that last year instead of 12, you are likely entitled only to 11/12 of your vacation time -- and that assumes that vacation accrues month by month.

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Answered on 2/16/16, 11:00 pm

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