Q: In California what is considered part time and full time work?
Hey everyone, so my dad has been working for a restaurant for about 10 years now and was considered a full time employee. Recently he had to travel out the country for a funeral and requested vacation hours along with bereavement. He has roughly 2 months of accrued vacation hours and when he got back his job told him he did not qualify for vacation hours because he is considered a part time employee and they revoked his vacation hours. Now my dad works 5-6 days a week and well over 40 hours and has been doing this for over 10 years. Is it legal for his company to consider him part time even though he is working 40 hours? Can they revoke his accrued vacation like that?
A:
The law does not deal in concepts of full time and part time. Employers can call full time and part time whatever they want.
An employer can never take back vacation time that has been accrued by an employee, so when you say revoked, it is unlawful if that means accrued vacation time was taken back. However, vacation is a discretionary employer benefit that the employer is not required to provide. That means an employer can take away the right to accrue more vacation time.
Good luck to you.
Maya L. Serkova agrees with this answer
A: Paid vacation is a benefit that an employer is not required by law to provide. However, if it was provided (and it should be reflected on your father's paystub(, the employer cannot retroactively take it away. If the employer's policy gives the benefit to "full time" employees, there should be a definition of how many hours of work is required. In the absence of a written definition, a court would likely consider 40 hours per week full time. Further, your father should complain in writing as it appears to be retaliation for seeking a paid benefit, which might support a wrongful termination claim if your father is fired. Your father should consider whether it is worth the risk to ask now or first find another job with a more trustworthy employer first. The statute of limitations for seeking to recover those benefits is likely 4 years under the unfair competition law.
Maya L. Serkova agrees with this answer
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