Can my employer force me to forfeit my vacation from last year if I was unable to takeit due to short-staffing and unavailability of coverage?

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Can my employer force me to forfeit my vacation from last year if I was unable to takeit due to short-staffing and unavailability of coverage?

I covered an employee’s on-call duties while he was out for 10 months on medical leave. Our department is extremely busy and short-staffed due to management’s inability or unwillingness to staff properly. I work the night shift and the agreement is that in order to take vacation time, we need to arrange coverage to replace us while we are on vacation. During last year, I was either on-call a substantial portion of the time or the person that would cover my vacation was covering the other night shift employee’s absence due to medical leave. I was unable to take my vacation and personal time.

Asked on February 13, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 9 years ago | Contributor

A vacation policy that provides for the forfeiture of vacation pay that is not used by a specified date, such as an employee's anniversary date or the end of a calendar year is impermisssible under California law.  Please email ([email protected]) or call me (213-381-6557) if you would like to discuss the matter further.

All the best,

Ari Leichter


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