Sierra Madre, CA asked in Employment Law for California

Q: My employer says I had to use my paid vacation or lose it. Is this legal? I work at a private catholic school.

I did not use all vacation time in 2019-2020. I asked to use all of my time from 2020-2021 to take care of wife and newborn. My supervisor says I need to deduct 24 hours I used in November 2020. I assert that I should not have been forced to use all my vacation time from the previous year during the previous year and therefore I had time left over, precluding the need for my supervisor to deduct time.

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Vacation pay, once earned, cannot be taken from you. However, an employer may have a policy that caps vacation pay at a certain amount so that the employee does not earn more vacation pay until there is room under the cap to accrue more.

Your post is a bit unclear about what your employer is trying to do. It would be wise for you to seek out a specific consultation with an employment law attorney to learn more about your rights.

Good luck to you.

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