How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11064
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I have been an employee of Paetec for the past ten years. Last

This answer was rated:

I have been an employee of Paetec for the past ten years. Last month Paetec was bought by Windstream. Today my boss told our group that starting this year we must choose our vacation schedule before the end of this month. Senority will prevail in the selection process, but each employee will be able to choose only one week of vacation in the first round. Another week can be chosen in each subsequent round. The results are two fold; one, the company is limiting our time off from work to one week at a time. Sometimes it takes the first few days of vacation to destress from the work overload, so you can start enjoying your vacation. two, an employee could we unable to schedule consecutive weeks for an extended vacation, eg. two weeks off to visit family in Europe at Christmas time. Windstream is headquartered in So. Carolina. Can Windstream do that to the employees working under California labor laws? Thank you in advance for your answer.
Hello and thank you for entrusting me to answer your question.

Although vacation days, once earned, cannot be forfeited by an employee, an employer still retains the right to dictate when vacation is used and in what amounts it can be taken. There is nothing illegal about that practice, provided an employer is not controlling use of vacation in such a way that amounts to discrimination against certain employees on the basis of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Although your employer can dictate how vacation is used, it cannot take earned vacation days away from you. If your employment terminates, your employer must immediately pay you for all unused vacation days.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions