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Q.Is a vacation plan that says no vacation time is earned during the first six months of employment legal?
A.Yes. First, California employers are not required to offer a vacation plan. Second, if a vacation plan is offered, the employer is permitted to provide a "waiting time" before any vacation time will begin to accrue (e.g. 3 months, 6 months, one year). When an employer’s vacation plan has a valid "waiting period" provision, with a static amount of vacation time per year thereafter (e.g. one week) or increased amounts of vacation time for each following year (e.g., two years: one week; three years: two weeks; four plus years: three weeks), employees who separate from their employment during that waiting period will be ineligible for any vacation pay.
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