Employment Law/Vacation


I am giving my employer 7 months advance for vacation days that are not used up by other employees. Does she have to let me have those days off?


While I am not entirely clear on your situation, I believe the answer to your question is that employers do not "have to" grant requests for vacation days merely because advance notice is given by the employee. Although California has some of the most employee friendly labor laws regarding vacation pay, employers still retain the ability to manage staffing needs around the vacation requests and to place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours.  

In general, under California vacation pay law, paid vacation time is not a required benefit.  However, if your employer has a vacation policy, these benefits are considered wages earned by the employee and cannot be forfeited.  

I hope you find this information helpful.  For further information on the specifics of California's vacation pay laws, you may want to contact the Division of Labor Standards Enforcement (DLSE)at(888) ASK-WAGE (275-9243) or visit http://www.vacationpaylaw.com/california/.  

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Michael Lore


I will take questions regarding employment law, with a focus on wage and hour issues involving overtime pay under the Fair Labor Standards Act (FLSA) and applicable state laws (eg. California).


I am an attorney with 15+ years experience in the area of labor and employment law, with a practice that concentrates heavily in the area of wage and hour litigation - involving unpaid overtime wages, commissions, work related expenses and vacation pay.

American Bar Association, American Association for Justice, National Employment Lawyers Association

BBA in Finance, J.D.

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