How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12623
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Patrick, Esq. replied 1 year 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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Related California Employment Law Questions