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Vacation leaves are also commonly known in California as paid time off or PTO. However, as a California employee, you should be aware that there is no legal requirement that your employer provides you with paid or unpaid vacation leave. However, if your employer does have an established policy, practice or agreement in the workplace in granting of leaves, then such established policy becomes a rule of law and, hence, your employer cannot anymore withhold the granting of vacation leaves.
Considering that granting of vacation leaves are a matter of work policy by the employer, the employer is given leeway in granting paid or unpaid leaves. However, again, once provided, even the process or manner of earning of vacation leaves cannot anymore be withheld by your employer.
Also, included in the right to provide how these vacation leaves are earned, your employer also has the right to regulate when these paid or unpaid leaves can be used. Hence, if you earn five vacation leaves already, you cannot just go up and leave and take those earned vacation leaves. You need to follow your employer’s requirements on how to use them, i.e., filing for vacation leave a couple of days before the intended date of leave.
If you want to know more about your rights relating to vacation leaves in your workplace or if you think your employer is withholding your paid or unpaid leaves, you need to seek help from Mesriani Law Group’s top los angeles minimum wage attorney, vacation pay, overtime pay and meal and rest breaks attorneys who have decades of experience in representing victims of labor law violations in California.