In California, can an employer require you to use vacation time for requested time off?
My employer recently changed their policy that any time you request off, you MUST use vacation time. This includes if you want to leave work an hour early, or take a sick day, etc. The previous policy permitted requesting "Time Off Without Pay." Are they legally allowed to require the use of vacation time?
Additional Info:
We are in California
We are NOT unionized
Employees are full time with PTO (paid time off) system and benefits
4 Responses
lcr000
07 Mar 2010
spalmer
07 Mar 2010
Yes, your employer can require that you use vacation time for any time off. All of my employers have had this policy. That’s the whole point of vacation time, to give you time off.
Will
07 Mar 2010
in Ca vacation is considered part of your wages, however your employer is free to administer it as they want, they are legally allowed to tell how you can use it and when you can use it
GO FISH 100
07 Mar 2010
First off, you should realize that your company is not required by law to provide employees with vacation or other paid time off for personal use (including sick time). However, most employers recognize the value associated with providing these kinds of benefits in terms of attracting and retaining employees, and remaining competitive in the marketplace.
Second, since your company is using a PTO system differentiating between sick day or vacation day doesn’t matter. PTO IS flexible arrangement that gives the employee a set number of days off per year to be used at the employee’s discretion. These days can be used for sick time, personal days, vacations, or for whatever reason the employee may need time off. It may be useful to think of a PTO policy as a “bank” of hours from which an employee can draw, depending on his/her needs.
So PTO is treated like vacation time in California since you are entitled to payment for all accrued PTO days if you terminated your employment.
If you have a PTO program I don’t see why your employer is telling you how to differentiate when you take a day off. Although I would review your company’s PTO policies regarding taking time off; whether its vacation, personal, sick, etc..
the employer can decide how and when you take your vacation time, they offer it but there is no law that tells them how to administer it