Is it legal for employer to force employees to take vacations

[techman121]

Actually China doesn`t have legally-mandated vacations. Where OP is getting that, I don`t know. (A caution, OP, I know a lot more about this stuff than you do.)

OP, please note I am in Canada, where our enlightened government requires all employers to give their employees at least two weeks`paid vacation time per year. Sounds good, doesn`t it - but wait! Canadian employers are not allowed to let their employees carry over said paid vacation time into subsequent years, even if the employees request it. Canadian employers would be fined if they allowed this. So while Canada might seem on the surface a good place for you to go, it actually isn`t (phew).

Finally, we hear a lot of American employees wailing and moaning about not having any legally-mandated vacation time, and somehow blaming their employers for this. It`s not your employer`s fault OP, and it`s not our fault - it`s your fault. The way to fix this is for you and your fellow wailers and moaners to stop voting for employer-friendly candidates and start voting for candidates who`ll get you the vacation time you want.

No matter who you vote, Democrat or Republican they don't care about people they are supposed to represent. As for China they probably don't mandate vacations but they do public holidays which they have 10 days per year. I did not take it from the air though. There was recently news about countries and their vacations around the world.

Also I don't think in most states employees allow to carry over. It is probably only in VEBA states (like California, Illinois, Colorado). When I worked for a major large employer in Iowa, we had to use them or loose them. In Illinois when I worked we were allowed to keep some to roll over next year. And now it is same for my current company in California although they seem to strongly discourage it.

 

[eerelations]

No matter who you vote, Democrat or Republican they don't care about people they are supposed to represent.

Then either work to get a candidate who does care, or quit complaining. Period.

 

[Zigner]

No matter who you vote, Democrat or Republican they don't care about people they are supposed to represent. As for China they probably don't mandate vacations but they do public holidays which they have 10 days per year. I did not take it from the air though. There was recently news about countries and their vacations around the world.

Also I don't think in most states employees allow to carry over. It is probably only in VEBA states (like California, Illinois, Colorado). When I worked for a major large employer in Iowa, we had to use them or loose them. In Illinois when I worked we were allowed to keep some to roll over next year. And now it is same for my current company in California although they seem to strongly discourage it.

There is no state law in the US that prohibits an employer from allowing employees to "carry over" unused vacation time from previous years. There is also no law in California that requires employers to allow you to carry over unused vacation time. For example, my company pays out unused vacation at the end of each year. This prevents an employee from "banking" their vacation time and then redeeming it down the road at a higher pay rate.

What makes you think that a VEBA trust has anything to do with this?

 

[eerelations]

There is no state law in the US that prohibits an employer from allowing employees to "carry over" unused vacation time from previous years. There is also no law in California that requires employers to allow you to carry over unused vacation time. For example, my company pays out unused vacation at the end of each year. This prevents an employee from "banking" their vacation time and then redeeming it down the road at a higher pay rate.

What makes you think that a VEBA trust has anything to do with this?

Agree with all this. OP seems to think he's an expert in all things vacation, yet every time he posts, he reveals increasingly low levels of knowledge in this area.

OP, I've warned you about this before, you're arguing with real experts here - people who live, breathe and work this stuff on a daily basis, for decades. You're not going to win.

 

[techman121]

There is no state law in the US that prohibits an employer from allowing employees to "carry over" unused vacation time from previous years. There is also no law in California that requires employers to allow you to carry over unused vacation time. For example, my company pays out unused vacation at the end of each year. This prevents an employee from "banking" their vacation time and then redeeming it down the road at a higher pay rate.

What makes you think that a VEBA trust has anything to do with this?

My employer has presence in many states and their vacation use policy differs between VEBA and non-VEVA states.


PAID TIME OFF FOR REQUIRED STATES

Effective January 1, 2014 (For employees hired January 1, 2014 and after)

Employees hired prior to January 1, 2014 are grandfathered into the old plan and will migrate to this plan as the new milestone is reached.

Regular full-time employees who are employed in California, Colorado, Illinois, Massachusetts, Rhode Island, North Dakota, Louisiana, Montana, Nebraska, or Puerto Rico, are eligible to participate in the Paid Time Off (PTO) plan for Required States. These states have specific requirements for company vacation plans. This plan permits employees who are regularly scheduled to work thirty or more hours per week to earn time for paid vacations and personal time. Personal time may be used for absence due to illness, illness in the family or medical emergency. Temporary employees and subcontractors are not eligible for this benefit. However, due to additional legislation, temporary employees working in San Francisco, CA will earn personal time beginning ninety (90) days after date of hire.

NON-REQUIRED states have just vacation days and they can be used for anything, personal time off or vacation.

 

[Zigner]

My employer has presence in many states and their vacation use policy differs between VEBA and non-VEVA states.


PAID TIME OFF FOR REQUIRED STATES

Effective January 1, 2014 (For employees hired January 1, 2014 and after)

Employees hired prior to January 1, 2014 are grandfathered into the old plan and will migrate to this plan as the new milestone is reached.

Regular full-time employees who are employed in California, Colorado, Illinois, Massachusetts, Rhode Island, North Dakota, Louisiana, Montana, Nebraska, or Puerto Rico, are eligible to participate in the Paid Time Off (PTO) plan for Required States. These states have specific requirements for company vacation plans. This plan permits employees who are regularly scheduled to work thirty or more hours per week to earn time for paid vacations and personal time. Personal time may be used for absence due to illness, illness in the family or medical emergency. Temporary employees and subcontractors are not eligible for this benefit. However, due to additional legislation, temporary employees working in San Francisco, CA will earn personal time beginning ninety (90) days after date of hire.

NON-REQUIRED states have just vacation days and they can be used for anything, personal time off or vacation.

I see. Your view of the "law" is only based on your one experience with the law as it relates to a specific situation, not the state(s) as a whole.

 

[techman121]

There is no state law in the US that prohibits an employer from allowing employees to "carry over" unused vacation time from previous years. There is also no law in California that requires employers to allow you to carry over unused vacation time. For example, my company pays out unused vacation at the end of each year. This prevents an employee from "banking" their vacation time and then redeeming it down the road at a higher pay rate.

What makes you think that a VEBA trust has anything to do with this?

I think I agree with you on roll over. I couldn't find policy about this. Only in FAQ that PTO and vacation can be both rolled over but not over maximum (which they have different for California from the rest states which is split 40/60 for PTO/vacation).

 

[Zigner]

I think I agree with you on roll over. I couldn't find policy about this. Only in FAQ that PTO and vacation can be both rolled over but not over maximum (which they have different for California from the rest states which is split 40/60 for PTO/vacation).

http://www.dir.ca.gov/dlse/faq_vacation.htm

I think we're done here.

 

[tranquility]

Then either work to get a candidate who does care, or quit complaining. Period.

Personally, I think it would be more productive to gain the skills to the point where something like vacation can be negotiated with the employer than work for a person who might force my opinion on the "correct" treatment of vacation on everyone.

Especially when one does not just get to choose the "vacation" candidate, you have to chose the entire candidate and all his other silly beliefs. Oh, and work to get the other 485 people elected needed to actually get a law. (And, all their silly beliefs.)

Freedom edit:
That's just the practical consideration. This is 'murica and we have the right to complain.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

(aka complain)

 

[cbg]

And NONE of this matters one whit, because until there is a change to the law, the fact remains that you DO NOT HAVE THE RIGHT TO SAVE YOUR VACATION TIME IF THE EMPLOYER SAYS TAKE IT NOW.

 

[LdiJ]

Every company I have worked for (up until now) paid out unused vacation time at the end of the year, and believe it or not, all of them very considerately arranged it so those payouts happened BEFORE Christmas.

The company I work for now, is "use it or lose it, but do feel free to take even more, on a paid basis, if you really need it". Did I say that I LOVE my job?

Seriously though, the rest of the civilized world has a greater trend towards mandating vacations than the US does. I wish I could remember exactly Australia's rules, because they rock. The theory is that employees are more productive if they have significant annual time off...less burnout...and they get some almost absurd amount of time off every 10 years.

 

[cbg]

And it so happens that I agree with that theory, and if it were up to me every employee would receive a mandated two weeks vacation at minimum. But so far no enlightened POTUS has seen fit to put me in charge of wage and hour laws, so we're stuck with what we've got.

 

[LdiJ]

And it so happens that I agree with that theory, and if it were up to me every employee would receive a mandated two weeks vacation at minimum. But so far no enlightened POTUS has seen fit to put me in charge of wage and hour laws, so we're stuck with what we've got.

Absolutely...it is what it is.

 

[RayAustin]

Yes, it is legal. The employer can force you to take vacations.

 

[Zigner]

Yes, it is legal. The employer can force you to take vacations.

Yes, as was said many times two months ago when this thread came about. Please watch the dates