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In California I currently accrue 26 days In 2017 and have a…

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In California I currently accrue...
In California I currently accrue 26 days In 2017 and have a carryover of 80 since last year. My company is based in NY and there is no policy around it. How much can I rollover in the new year?
Submitted: 8 months ago.Category: Employment Law
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10/5/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,240
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Can you explain what you mean when you ask how much you can rollover? Do you mean to ask whether your employer can cap how much you earn? What is your employer telling you?

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Customer reply replied 8 months ago
They're telling me their rollover for all other states is 80 hours and that California is different and it has to be handled according to state law. So I want to to my research
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you. My apologies but I'm still not understanding the situation. What are they telling you that you can or can't do with regard to your vacation days? Are they telling you that you cannot earn more than 80 hours?

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Customer reply replied 8 months ago
They are telling me they'll look into it. I want to understand how much can I rollover. Also 26 days current and 10 form last year for a total of 36. Can I roll all over?
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you.

The rule in California is that employers can lawfully impose caps on earnable vacation. However, they cannot impose "use it or lose it" policies. So, if the days were already earned, your employer cannot NOW tell you that only X number of those days will "rollover." They would have needed to have a clear policy in place which limits the maximum amount you can earn before you'd need to use some of the time to earn more. The distinction here is subtle but basically it comes down to whether the time was already earned or not. If you have already earned the time, it can never be taken away from you under CA law. Your employer must either allow you to use the time or must pay you for the cash value of that time. On the other hand, if the days have not yet been accrued, your employer can impose a cap and tell you that PROSPECTIVELY you will not be able to earn more until you use some of your time.

I hope that makes sense. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

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