Vacation Pay for California Employees
There is no California or federal law, which requires employers to provide employees with vacation time. Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must be followed.
Vacation time is treated as deferred wages and accrues and vests proportionately as time worked. Therefore, California employers cannot have a “use it or lose it” policy by which earned vacation expires. Employers may, however, put reasonable caps on accrued vacation, provided those caps were disclosed to the employee beforehand (e.g. in the employee handbook, offer letter, or the employment agreement). A vacation pay policy will likely violate state law if the cap on accrual is so small that it is, in practice, a “use it or lose it” policy.
An employer’s policy generally controls how much vacation time an employee earns, and different amounts of vacation time may be given to different employees if the policy is clear. Employers are generally permitted to exclude certain employees from the vacation time policy for a certain amount of time at the beginning of employment (e.g. during a probationary period). Also, the employer is free to control when vacation is taken and how much vacation is taken at any one time.
Generally, all accrued vacation is due upon termination, layoff or quit, and an employment contract cannot force an employee to forfeit earned vacation.
The statute of limitations to bring a claim for unpaid vacation is three years from the date the employee is terminated or resigns. This statute of limitations begins to run when employment ends, not when the employee’s vacation accrued. Thus, an employee can recover any vacation that vested during the employment relationship, even if it accrued long before the filing of the claim.
Read more
Pair of Lawsuits Expose Alleged Misconduct at Bay Area Air Quality Management District
Workplaces are meant to make everyone feel safe, valued and respected regardless of their background. Unfortunately, this is not always the case. Discrimination and harassment can create toxic work environments, leading to…
Oakland Restaurant Owes $105,000 to Former Employees for Service Charge Violations
The restaurant industry can be a hotbed for many kinds of wage theft that affect workers. An Oakland fine-dining restaurant was recently found to be on the hook for more than $105,000…
New Law Protects California Workers From Defamation Claims When Reporting Sexual Harassment or Discrimination
Workers experiencing sexual harassment or discrimination often fear speaking up due to potential repercussions. They may face various forms of retaliation, such as unwarranted disciplinary action, negative performance reviews, pay cuts, termination,…
Oakland’s Commitment to Disability Rights: Navigating Local Resources and Support
In the ideal workplace, skills and qualifications reign supreme. Unfortunately, reality does not always reflect a fair work environment. Workers with disabilities can face discrimination at various stages of employment, from the…
SEEN ON



