Vacation Leave

News & Analysis as of

Can Unlimited Vacation Policies be Awesome for California Employers and Employees?

High tech companies continue to change our world and how we work. Netflix, Ask.com, Best Buy, Zynga, Evernote, Hubspot and others recently have re-imagined vacation benefits for their own employees by shifting from...more

Get Your Vacation Policy Right, and Then Relax!

Enjoying vacation time this summer? We all need a vacation at some point, and thankfully many employers provide for paid vacation leave. But as with many wage and hour issues, employers get themselves into legal trouble by...more

Employers May Deduct from Vacation Pay for Exempt Employee's Partial Day Absences of Less than Four Hours

An employee’s exempt status under both federal and California law is dependent on the employee’s duties falling within one of the exemptions (administrative, professional, executive) and the employee being paid on a “salary...more

California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less...

On July 21, 2014, the California Court of Appeal's Fourth Appellate District, Division One, affirmed the trial court's decision in Rhea v. General Atomics (July 21, 2014, D064517 ) ---- Cal.App.4th ---). In reaching its...more

Hearing date set for important holiday pay calculation cases

Kate Hodgkiss, Partner in our Edinburgh office, comments: The EAT has now listed the cases of Bear Scotland Ltd v Fulton and Neal v Freightliner Ltd to be heard on 30 and 31 July 2014. The EAT’s findings will determine...more

Depressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection

The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the Eleventh Circuit Court of...more

According to Ninth Circuit, Employee Can Decline Use of FMLA Leave for Qualifying Reason

The Family and Medical Leave Act provides eligible employees with a legal entitlement to unpaid leave in qualifying circumstances. Many employers have run into a situation where an employee who qualifies for FMLA leave,...more

I Need a Vacation, Doctor’s Orders

Having a chronic serious health condition doesn’t entitle an employee to take leave whenever he chooses. Even if the leave would be medically beneficial, it has to correspond to a period of incapacity. In Hurley v. Kent of...more

Employees May Choose to Use Vacation Instead of FMLA or CFRA Leave for Medical Absences

The Ninth Circuit (California) held in Escriba v. Foster Poultry Farms, Inc. that an employee can choose to use vacation instead of leave under the Family and Medical Leave Act (“FMLA”) or California Family Rights Act...more

Workers May Choose Vacation or FMLA Leave

In 2007, Maria Escriba requested and received two weeks of vacation from her employer to travel to Guatemala to care for her ailing father. When Escriba did not return to work at the end of her leave, the employer discharged...more

You Choose: Time Or Money?

According to the U.S. Bureau of Labor Statistics, almost 60% of American workers are paid an hourly wage. Many of these workers are employed by companies who offer little in the way of paid time off such as sick time,...more

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and...more

Is an Honor Vacation Policy Right for My Company? [Video]

Companies in California and across the United States are moving away from traditional vacation accrual policies to unlimited vacation policies, or honor vacation policies. What is an honor vacation policy? How can start-ups...more

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in Germany

Legislation - New Thresholds for Mini and Midi-Jobs are Established - Beginning January 1, 2013 the earning thresholds for mini-jobs and midi-jobs have been raised from € 400 to € 450 for mini-jobs and from €...more

Natural Disasters In The Workplace – What Do I Do?

Did you know that the Ontario Ministry of Labour has a Q&A on how to deal with natural disasters in the workplace?...more

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

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