Can we assign vacation time to employees who do not sign up to take vacation?

The employer has the right to schedule vacations. Labor Code Section 227.3 provides, in brief, that vacation is vested and requires unused vacation to be cashed out at termination. Further, there can be no forfeiture, such as a “use it or lose it” policy. The employer does have the right to manage the vacation program by setting vacation dates.

One suggestion is to send out requests around the first of the year, giving the employees two vacation date choices and make it clear that in any conflict, seniority or any nondiscriminatory method will be used to determine who gets their preference. Also make it clear that company needs will prevail.