Vacation Policy Changegreenspun.com : LUSENET : Law Of The Workplace : One Thread
My employer suddenly announced that no vacation time will be authorized for the balance of the year, that any unused vacation time would not rollover to 2004, and there would be no payout for unused vacation time. As I have over 2 weeks of unused vacation hours I have just seen the equal of 2 weeks pay go up in smoke with no notice. I feel stupid about waiting to take my vacation until closer to Christmas, since those who managed to take vacation earlier (very few, as the CEO gives people a difficult time when they do request time off) got their full benefits and because I waited I lost mine.
Is this legal?
-- Yevgeni Stepanov (firstname.lastname@example.org), October 30, 2003
No it is not legal, at least in the state of California, where the labor commission recognizes vacation in the same light as wages, and protects workers rights to be compensated for the time that is vested. The labor commission recognizes paid compensation in lieu of time off, but it is not permissable for any employer to eliminate the vacation accruals that you have earned (accrued). It is okay for the employer to change the policy on vacation, much like it is okay for an employer to stop hiring people, or can cut back hours, or lay people off. He or she cannot, however, eliminate the wages that you have earned because he or she doesn't want to pay it.
-- Debby Baker (email@example.com), August 11, 2004.
I WANT TO KNOW IF AN EMPLOYER MUST GIVE AT LEAST 30 DAYS NOTICE IN ORDER TO CHANGE A VACATION POLICY. MY EMPLOYER CHANGED OUR VACATION PAY TO A FLAT $500 ON JUNE 1, 2004 BUT DID NOT TYPE THE NOTICE UNTIL JUNE 3, AND PASSED IT OUT FOR SIGNATURES ON JUNE 4, 2004. CAN THIS BE ENFORCED WITH A RETROACTIVE DATE? I THINK THAT SUCH CHANGES MUST BE IN WRITING WITH TIME FOR EMPLOYEES TO MAKE THEIR PLANS BEFORE THE CHANGE GOES INTO EFFECT! PLEASE GIVE ME AN ANSWER. SO FAR, I HAVE REFUSED TO SIGN THIS STUPID PAPER WITH THE JUNE 1, 2004 DATE.
-- LINDA MINTZ (firstname.lastname@example.org), June 18, 2004.