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Co Policy To Provide Emloyees Paid SICK & Vacation Days California

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  • Co Policy To Provide Emloyees Paid SICK & Vacation Days California

    I have posted another thread regarding some other questions with my employment, but forgot to add this question. I have recently discovered that I am considered an "employee" for IRS, Ca Labor Law and DOL purposes (my previous employer had me classified as an "independent contractor") I worked for this company for 7 months and 9 days, of which it is their policy to provide paid sick days and vacation to employees accruing after the 90 day probationary period.

    So does that mean that had I been correctly classifed as an employee I would have accrued some sick days and vacations days over the past 129 days? And am I entitled to collect payment for the days I would have accrued since legally I was an employee and not an independent contractor?

  • #2
    Yes, but the sick days are probably not part of your final pay unless they were also misclassified as sick days but were actually PTO(no restrictions).
    You may also be intitled to penalties. You can file a wage claim with the DLSE.
    I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.


    • #3
      Should I request these vacation days from the employer before I file a claim? If I should, could you direct me to any CA law pertaining to uncompensated vacation time that I might quote from when I make the request in writing? I already have the laws for independant contractor v employee and the guidelines to determine which one applies, but these people are hardheaded and will fight me every step of the way. They are not use to dealing with individuals who stand up for their rights, they are use to people saying "yes sir" and just doing what they are told regardless. Apparently, I am not the "yes sir" type after I've been stepped on long enough.

      I am already filing a civil suit for failure to provide requested employee documents from my employee file after 21 calendar days (HR stated that I couldn't have copies of my timesheets or see them when I requested them for proving my hours worked for CA licensing with CAADAC 3 weeks ago because she didn't keep them after we were paid. I just found out that I have this recourse available to me for this matter. I also wanted them because on numerous occassions my paychecks were incorrect and I believe that there were several occassions that I didn't catch being underpaid for double shifts worked, so I wanted to use those timesheets to verify any previous underpayments not properly compensated for). I have been an office manager for 5 yrs, a business management accountant for 10 yrs, and I was sure that all employee documents had to be kept for 3 years, not immediately disposed of. Correct me if I am incorrect.

      And thank you!


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