Vacation policy question

UPDATED: Sep 30, 2022

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Vacation policy question

I work in California and my employer doesn’t have an employee manual. When I was
hired I was told we had an unlimited vacation policy and so none of the time off
we’d take was ever tracked. They now want to change the vacation policy. They
have started tracking our sick/personal time and vacation time but we have not
been told what the new vacation policy is. Is this legal?

Asked on March 29, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no law in regards to vacation policy: it is up to each company to create any vacation policy it wants, and it may freely change this policy going forward on notice, from the moment it gives notice onward (unless that is, an employee has a contract setting his/her vacation; then the company must honor the contract). Companies can have no vacation, unlimited vacation, or anything in between, and are not locked into their initial policy forever; as stated, it is subject to change.

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 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.

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