I migrated from union bank and had tons of vacation hours , California state allows rollover. However, US Bank told me it’s bank policy to not rollover and I was required to use it or lose it. Before raising he-l, I thought state law supersedes business policy? Any information helps
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The id--t that posted this statement is beyond clueless:
"That might be for companies based out of California. US Bank is based out of Minnesota so they would follow Minnesota law. "
Some inaccurate answers on this thread but @qav+1uANWabl has it right. As a CA employee who won $$$ in mediation against BAC on this, I know. :)
https://www.dir.ca.gov/dlse/faq_vacation.htm
Regardless of state, the bank will not take your vacation. However, if you refuse to take your vacation, the bank will pay you out in JAN. You will then get a coaching,PIP, and pretty much an automatic 3 for the following year annual review.
I had 2 employees refuse to take over a week of vacation each in 2023. The division manager and HR worked together for the PIP and Coaching. Even as their manager, I had no say in that action.
Falsify time records all you want, but God forbid not using all vacation time.
@zja+1uANWabl that is NOT how employment law is practiced. You seem clueless yet make bold statements.
That last comment is incorrect. The law is based on where the employee is based. If you are a worker in CA, the labor law for CA (not MN) applies.
That might be for companies based out of California. US Bank is based out of Minnesota so they would follow Minnesota law.
Don’t trust HR. I asked 2 different HR person and I told them I was a CA employee. They told me to use it or use it. My manager also asked me to take vacation. I didn’t take any,and was paid 5 weeks of unused vacation Jan 2024.
As other said, states like CA and CO vacation earned can not be taken away, they have to pay you out end of the year or when you quit or fired. It can never be taken away.
And as other mentioned, your accrual also max out , so if you are entitled to 4 weeks vacation, you won’t earn any more vacation days if you have about 6 weeks of unused vacation.
hR is so useless
Better use it fast they are laying off California people in risk and compliance
Thanks all! I had a feeling it was more of my manager mandating I use it to avoid a payout. My check ins always started with “pull up your vacation balance, what do you need to schedule” smh glad to know if push comes to shove , it shouldn’t disappear.
California, Colorado and Montana require payout on unused vacation. It supersedes bank policy of use it or lose it.
The acquisition of UB closed in Dec 2022. If you had a ton of vacation hours on the books at that time, you would have been allowed to keep them + accrue more during 2023. But at the end of 2023, any unused time would have been paid out in Jan 2024. It would be impossible to still have UB vacation time of the books now. You could only have your time accrued in 2024 which (as someone already posted) you either use by 12/31/24 or it gets paid out in Jan 2025. The bank probably could institute a mandate that you take it all so they don't have to pay out in Jan but if there's any balance left it would be illegal for them to "disappear" it. It would have to be paid out
CA (unlike most states) does NOT allow employers to have a "use or lose it policy" regarding vacation days. They ARE allowed to have a cap on accrued vacation and stop you from accruing any new vacation time in 2025 if you still have a balance from 2024 as of the beginning of 2025.
USB's policy in CA is to pay out any unused vacation time in Jan. In theory, your manager could mandate that you take your time off in 2024 to avoid a payout in Jan. But the bank cannot take it away once earned. You either take it in 2024 or it gets paid out in Jan.
No that’s not correct. The company can require to take your vacation days rather than allow you to roll them over. Had this issue many times with employees wanting to get paid out instead of using PTO. They can’t take your unused vacation days but they can require you to use them. Not an issue worth fighting.
Thank you, I’ll search there. I searched the state employment posters and of course it’s not referenced there so I don’t have anything directly from the bank that specifically says it’s allowed to roll over.
You should check the vacation policy on MyHR. State law supersedes company policy.