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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12928
Experience:  Significant experience in all areas of employment law.
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We have an employee that meets all the criteria for exempt

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We have an employee that meets all the criteria for exempt status in California. This employee has been exempt for several years. The employee very rarley has to work more than 40 hours in a week but we recently found out that when she does she has been taking another day off for it. (comp time). We have no policy allowing for comp time, if this employee wants to take a day off can we require her to use a vacation day?
Hello and thank you for entrusting me to answer your question.

"if this employee wants to take a day off can we require her to use a vacation day?"

Yes, you absolutely can. In the state of California, employers have no legal obligation to provide vacation days of any kind. While an employer cannot simply revoke accrued vacation, an employer retains full discretion to direct employees with regard to how and when it may be used. Thus, an employer can require that an employee take vacation on any day that the employee is absent.

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.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes and happy holidays to you.
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