Can a company calculate your average quarterly hours by 14 weeks when there are only 13 weeks in a quarter

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Can a company calculate your average quarterly hours by 14 weeks when there are only 13 weeks in a quarter

my company offers vacation pay to employees that work 36 or more hours a week and calculates avg hrs worked for quarter by 14 weeks

Asked on April 19, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Companies do not have to provide vacation days in the first place--the law does not mandate vacation. Since it is is voluntary on the part of employers to provide vacation, they are free to set the rules for how it is earned, accrued or calculated. So they can use 14 weeks/quarter if they like, rather than 13.


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