Q: My use of vacation time was change from 10hrs to 12hrs per day.
Recently my manager change our vacation hours from 10hrs to 12hrs per day. Our employee handbook does not specify how many hours we can use per day. All it says is "We encourage employees to take their vacation one week at a time, but vacation may be taken in increments as small as one hour".
A:
Vacation is an employee benefit that an employer does not have to provide to employees, and the employer can administer its vacation policy as it wishes with a few exceptions. For instance, the vacation policy cannot treat people of different protected characteristics differently because of that difference. Also, vacation pay, once earned, cannot be taken away from you. It is yours and you must be paid all of your accrued vacation pay when you leave. However the employer can place a limit on how much time you can accrue.
As long as the new policy does not take away hours you have already earned it would be lawful. However, it seems that it may be taking time away from you in a sneaky way for time already accrued. It would be a good idea to have an attorney take a closer look at this. If this policy is effecting many employees, it may be that a collective action against the employer could help everyone.
So, at this point, locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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