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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12944
Experience:  Significant experience in all areas of employment law.
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hello, i live in ca. exempt employee at a bank. bank is open

Customer Question

hello, i live in ca. exempt employee at a bank. bank is open 6 days. normal work week for mgr is 5 days. i'm told if i take a day off during the week i need to use vacation time, however, if i take a day off on a saturday i don't. does this make sense? this is only practice by my district mgr. all other branch managers in same role as myself in different districts aren't having to abide by this practice. what should i do?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. I am sorry to hear about your employer's unfair vacation use policy.

If I may, please allow me to provide a very direct answer to your question. Although the policy you describe is certainly unfair, especially in consideration of the fact that other districts do not follow the same policy, it would not typically be illegal.

Since an employer is not legally required to provide vacation days at all, an employer is free to require employees to use vacation in any manner that the employer chooses. If a day is one on which an employee would otherwise be expected to work, an employer may require the employee to use vacation if he or she chooses to take that particular day off.

I am sorry to deliver this news to you, as I realize this is not what you were hoping to hear. If it is any consolation, I believe the law is unfair in this respect. Of course, you are here not because you want an opinion on what the law should be, you are here because you want to know what the law actually is in this instance. Accordingly, I hope you appreciate my direct response to your question.

I sincerely hope that this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.