Is it legal if I have 180 hours of paid time off and my company has informed me that I must take 3 weeks off this year to knock it down?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal if I have 180 hours of paid time off and my company has informed me that I must take 3 weeks off this year to knock it down?
Asked on May 10, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you do not have an employment contract or union agreement to the contrary, it is legal. Employers are not required to provide vacation time in the first place; and since it is voluntary to provide employees with vacation, they may set rules and requirements for how it is used. Since the employer is not depriving you of a benefit or compensation you earned without providing you with recourse--i.e. it is not simply taking away 3 weeks, but is requiring you to use them within the next 7 months--it is legal. (Note that if the employer does not actually let you take the weeks--it keeps disapproving any proposed vacation schedule--that would likely be illegal; an employer generally cannot simply take away compensation you've earned, either officially or effectively.)
If you do have an employment contract or union agreement, whatever it says about vacation is enforceable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.