Results 1 to 2 of 2

Thread: California accrued vacation

  1. #1
    Junior Member
    Join Date
    Apr 2008
    Location
    California
    Posts
    1

    Default California accrued vacation

    Hi there,
    Thanks for the reply. My accrued vacation problem has been resolved. Seeking information I discovered at http://www.dir.ca.gov/dlse/faq_vacation.htm. It states: 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. (Suastez v. Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap on vacation benefits that prevents an employee from earning vacation over a certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th 1595) 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. Labor Code Section 227.3 The California Legislature, in order to ensure that vacation plans were fairly and equitably handled, provided that the Labor Commissioner was to "apply the principles of equity and fairness" in resolving vacation claims.
    Last edited by whatshouldIno; 04-11-2011 at 04:36 PM. Reason: Updated information

  2. #2
    Super Moderator
    Join Date
    Jun 2006
    Location
    California
    Posts
    12,261
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

Similar Threads

  1. Earned vs. accrued vacation California
    By gmarcinko in forum HR Forum for Employers, Managers, & Human Resources
    Replies: 2
    Last Post: 09-08-2008, 05:19 PM
  2. Accrued vacation was taken away?!? California
    By nikolelynne in forum Labor Laws
    Replies: 12
    Last Post: 05-21-2008, 08:58 AM
  3. What's the law on vacation accrued? California
    By goinbroke in forum Hiring and Firing
    Replies: 1
    Last Post: 02-13-2008, 04:14 AM
  4. Use of Accrued Vacation Time California
    By terrielc in forum California Labor Laws
    Replies: 2
    Last Post: 07-07-2006, 06:56 AM
  5. Accrued vacation use California
    By cutterzoo in forum California Labor Laws
    Replies: 3
    Last Post: 05-10-2006, 10:47 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •