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  1. #1
    silver162 is offline Junior Member
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    Forced Vacation?

    What is the name of your state? California

    My company gives us our vacation time up front. From the day you begin working, you have 10 vacation days to use. However, they insist you use them all up by the end of the year. If you have any left over, they do not roll over. If your boss or anyone in HR recalls you having a day you did not use after the year has ended, they force you to use it in January, by the end of their fiscal year. My question is this: It has been brought to attention that I have one unused vacation day. My dept. is not allowed to take days off during a week with a holiday in it, so I cannot take my day off next week (Christmas) or the week after (New Year's). My boss told me today, Monday, that I HAVE to take my vacation day this week and that I have no other option; I am to tell her by the end of the day which day this week I want to take off. Is this legal? Can they FORCE me to take my day off this week even if I don't want to? Please advise asap! Thanks!!
  2. #2
    xylene is offline Senior Member
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    Quote Originally Posted by silver162 View Post
    What is the name of your state? California

    My company gives us our vacation time up front. From the day you begin working, you have 10 vacation days to use. However, they insist you use them all up by the end of the year. If you have any left over, they do not roll over. If your boss or anyone in HR recalls you having a day you did not use after the year has ended, they force you to use it in January, by the end of their fiscal year. My question is this: It has been brought to attention that I have one unused vacation day. My dept. is not allowed to take days off during a week with a holiday in it, so I cannot take my day off next week (Christmas) or the week after (New Year's). My boss told me today, Monday, that I HAVE to take my vacation day this week and that I have no other option; I am to tell her by the end of the day which day this week I want to take off. Is this legal? Can they FORCE me to take my day off this week even if I don't want to? Please advise asap! Thanks!!
    Your companies policy on no-roll over vacation is perfectly legal.

    Your company can dictate that you use your accrued time before year end.

    I do not understand you position. You would rather forfeit a vacation day and work than get a paid day off?

    I'd be home watching game shows.
  3. #3
    cbg
    cbg is offline Senior Member
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    Actually, in CA, vacation time is considered wages and cannot be lost once earned.

    However, nothing in California law or the laws of any other states prohibits the employer from forcing an employee to use their time. It is LEGAL for them to tell you that you have to stay home and use a vacation day, even if you do not want to. While they must pay you for any time that you still have at the end of the year, they can take whatever measures they wish to ensure that you do not have any time left at the end of the year, even if that means forcing you to take a vacation day when you do not want to.
  4. #4
    silver162 is offline Junior Member
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    Okay, so if they are insisting, I have to take my last vacation day this week. There is no way I can resist taking it and force them into paying me my accrued and unused vacation time?
  5. #5
    silver162 is offline Junior Member
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    Quote Originally Posted by xylene View Post

    I do not understand you position. You would rather forfeit a vacation day and work than get a paid day off?

    I'd be home watching game shows.
    Fridays are busiest for me, and the coworker I usually split my Friday workload with will be using up his last vacation day on Friday. If I take off a day during the week, it throws me back on working ahead to lighten Friday's load. Plus, I just didn't like the idea of taking one day off with nothing planned & then having to go back to work the next day...I wanted to take either Friday or no day. That is why I didn't want to take my day. Plus, I was just curious about the legality of it all because they were awfully pushy with their insisting me take a day off this week.
  6. #6
    cbg
    cbg is offline Senior Member
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    No, you have no legal grounds to force them to pay it out to you in cash instead of making you take the day off.
  7. #7
    ecmst12 is offline Senior Member
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    Man, I wish I had your problems....
  8. #8
    Hot Topic is offline Senior Member
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    It's perfect legal in California to carry over your 2007 vacation time to 2008.

    A company can control the time when you take the vacation.
  9. #9
    pattytx is offline Senior Member
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    Quote Originally Posted by Hot Topic View Post
    It's perfect legal in California to carry over your 2007 vacation time to 2008.

    A company can control the time when you take the vacation.
    But the question was, could the employer force the employee to use a vacation day when he doesn't want to. Yes.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
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