J.Julia
06-16-2008, 10:07 PM
I'm going to terminate my employment next month, I've 10 annual leave days not taken. But my employer told me that they will not pay me for the unused leave days. It will be just forfeited. Is it true? Because when I took more than what I was entitled in 2005, they deducted my salary.
Betty3
06-16-2008, 11:04 PM
Here is a link from the Ca DLSE re the payout of vacation & PTO at termination of employment.
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
Pattymd
06-19-2008, 03:58 AM
We had a discussion quite a while back about whether or not the sale of the company gave rise to termination of the employee, even if the employees continued working for the new employer.
The consensus from respected responders, including if I remember correctly a California employment law attorney, was that it did.
And even if it didn't, the FAQ to which Betty3 linked you, does state that, if a cap is implemented where there wasn't one before, the employer must allow a "reasonable" time for the employees to take vacation so that the cap will not come into play.