Vacation Pay and Time Off
There is no legal requirement in California that an
employer provide its employees with either paid or unpaid vacation time.
However, if an employer does have an established policy, practice, or agreement
to provide paid vacation, then certain restrictions are placed on the employer
as to how it fulfills its obligation to provide vacation pay. Under California
law, earned vacation time is considered wages, and vacation time is earned, or
vests, as labor is performed. For example, if an employee is entitled to two
weeks (10 work days) of vacation per year, after six months of work he or she
will have earned five days of vacation. Vacation pay accrues (adds up) as it is
earned, and cannot be forfeited, even upon termination of employment,
regardless of the reason for the termination. An employer can place a
reasonable cap on vacation benefits that prevents an employee from earning
vacation over a certain amount of hours and, unless otherwise stipulated by a
collective bargaining agreement, upon termination of employment all earned and
unused vacation must be paid to the employee at his or her final rate of
pay.
Please read below to learn about the following
subjects:
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 277-2950
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
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