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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
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I am a benefitted employee at a large hospital in CA. This

Customer Question

I am a benefitted employee at a large hospital in CA. This facility has vacation and sick time banks separately. If you call in sick perhaps for a day 8hrs, they take from you vacation bank until you have a minimum of 125hrs. after that they draw from sick bank but only if you have a minimum of 125 vacation time. So therefore, as a fairly new employee, I don't have much vacation time. Is this legal? I have never experienced this before. Prior to this job I worked at another large facility, but all time was accrued in one bank as PTO (paid time off).
Submitted: 9 months ago.
Category: California Employment Law
Customer: replied 9 months ago.
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Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While a bit unfair, this is legal. The reason is because employers have no obligation to offer any paid vacation time at all. Since the law does not require employers to offer paid vacation, the law allows employers to determine how and when such time can be used. Provided the employee is paid for their vacation time and it is not simply forfeited, a policy in which vacation must be used before sick time is legal, even if such policy prevents the employee from actually taking vacations.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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