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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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From October to October I receive 3 weeks vacation. On June

Customer Question

From October to October I receive 3 weeks vacation. On June 10 of 2013 the Company issued a new policy regarding vacation. Prior to June 10 vacation was a matter of choice, you could take the money and continue on working or take time off. Until June 10 I had accrued 90 hrs and I asked to get pay for that accrued hours without taking time off. I was told that any time accrued prior to June 10 was rolled into the new policy and that I had to take time off. Can vacation time accrued till June 10 become part of the new policy?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The employer is not dictating now that any previously accrued vacation time be forfeited, just that you must now take the vacation time instead of being paid the cash value of it without taking vacation? Is this a correct understanding of the circumstances?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


Yes . My employer will give me my 3 weeks vacation . My question was that prior to june 10 of this year, one could ask for cash for time accrued and not take time time off work.. However the new policy will not cash any accrued vacation and that any accrued vacation prior to the new new policy is subject to the new ruling. My position is that accrued time till June 10 is subject to the old policy not to the one that became effective on June 10 and that I should get cash for the 2 weeks prior to June 10 and I will honor the new policy that started on June 10 of this year.

Expert:  Tina replied 3 years ago.
I see. Thank you for clarifying that for me.

Unfortunately, the employer can typically change their policy with regard to whether they will pay the cash value of vacation or not, even with regard to vacation accrued under a policy permitting cashing out of the accrued time.

The law prohibits employers from forfeiting accrued vacation time previously earned, but it does not prohibit an employer from modifying their policy with regard to whether employees may cash out time already earned. I'm sorry.

The employment at will doctrine permits employers to modify the terms of employment at any time if it does not violate a specific law and this would not typically violate any state or federal laws.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 3 years ago.

Hello again,

I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

Is there anything else I can assist you with?

If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/

Thank you very much and all the best to you.

Tina

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