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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12921
Experience:  Significant experience in all areas of employment law.
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Can an employer make an exempt employee take a day off and make them use their vacation ti

Customer Question

Can an employer make an exempt employee take a day off and make them use their vacation time?
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.

Unfortunately, since employers are under no obligation to provide paid vacation days to their employees, employers are free to require employees to use their vacation at any time.

It would only be illegal if an employer revoked vacation that had already been accrued by not giving an employee the paid day off. This would be illegal because accrued vacation is considered a "wage" and earned wages cannot be forfeited according to California law.

I sincerely XXXXX XXXXX 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.
Customer: replied 5 years ago.
I forgot to mention that this is combined sick time, (the first 24 hours), and paid time off for vacation, personal days off, etc...Knowing this information, would there be a difference ? ... THANKS
Expert:  Patrick, Esq. replied 5 years ago.
Thank you very much for your reply.

Combined PTO is treated the same as vacation in this circumstance, so this would not change the way things work.

Again, my number one goal is that you are satisfied with my answer. If you still require further clarification, I am happy to continue assisting you.