I’m a part-time employee and not allowed a vacation plan, only full-time employees are eligible. Is that legal?
Yes. In California, it is legal for your employer’s vacation plan to exclude specific types of employees, and the plan should state clearly which types of employees are excluded. Part-time, temporary, casual, and probationary are all types of classes of employees that might be excluded from an employers vacation plan. If your employer’s plan doesn’t state clearly what types of employees are included in the vacation plan and you are denied vacation, you can file a vacation wage claim in California.
Example:
Joe is a part-time employee. Joe’s employer denies Joe any vacation time. Joe is thinking about filing a vacation wage claim. However, Joe looks at a copy of his employer’s vacation policy and it states that part-time employees don’t get a vacation plan. This is perfectly legal. Joe would have no grounds to file a vacation wage claim in California.
If you have a question about California vacation law or want to file a vacation wage claim, contact Strauss & Strauss APC now.