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View Full Version : Unpaid Vacation/PTO/Holiday Accruals California


mcb0420
11-30-2006, 08:08 PM
I recently quit (my employer) and when I left I had so many hours accrued of Vacation/PTO/Holiday pay. When I contated them, they told me that I had to average 32 hours a week for 52 consecutive weeks and be employed with them for atleast one year in order to qualify for vacation pay, but it says I have vacation pay on my check stubs. I averaged 30.11 hours a week and worked for over a year for them. I was working as a "Full-time" employee. I Have my check stub that has all of these accruals. Is there anything i could do to collect these unpaid wages?

Psycorps
12-01-2006, 08:11 AM
What does the employee handbook say about qualifying for vacation? I've seen check stubs that are innaccurate due to computer/data entry errors.

You said you are working 30.11 hours, so I would ask somone else on the forum if 32 hours is the legal definition of full time, or if the # of full time hours is set by company policy. Ultimately, the company can give out vacation benefits according to the policy that they choose.

Marketeer
12-01-2006, 08:21 AM
There is no legal definition of "full time". It's what the employer says it is. California law does provide that accrued vacation time be paid out on termination. You might call the state department of labor for guidance.

ScottB
12-01-2006, 08:32 AM
but it says I have vacation pay on my check stubs.

My company has a policy of accruing vacation time based upon hours worked. ALL employees who work for one year or more get to take accrued vacation. One who works 40 hours a week gets 40 hours of vacation after a year. A part-time employee who averages 20 hours a week gets 20 hours of vacation.

The problem is that we put the vacation accrued on everyone's pay stub, including the employees who have not worked for a year and are not eligible. A couple of years ago, we had one employee who had worked for two months and missed some time. He called in and DEMANDED that he be paid the vacation listed on his pay stub because he had EARNED it. Yes, he was shouting at me. We fired him and stopped printing vacation accruals on the pay stub. We figured if one jerk could not understand what the policy was and practically lost control, there would be others. No, he was not paid any vacation time. He did try to get help from the state, including writing to the Governor.

Pattymd
12-01-2006, 09:34 AM
The fact that a vacation balance appears on the pay stub does not, in and of itself, give rise to a legal obligation for the employer to pay it. You're going to have to work out the discrepancy internally.

Megan Ross Hutchins
12-01-2006, 11:00 AM
In California, the policy towards payment of vacation is so strong that I would suggest filing with the DLSE on this one. They may very well look at your paystubs and tell the company to pay up.

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