While employers are not required by law to offer paid vacation to their employees, those who do offer paid vacation packages must comply with certain legal requirements. In California, paid vacation is a form of wages. Therefore, an employer must pay the employee for all unused vacation time when they quit or are terminated. An employee who is fired or who provides at least 72 hours’ notice of their resignation must be paid all of their owed wages, including accrued vacation, immediately at the time of termination. An employee who resigns and provides less than 72 hours’ notice must be paid all of their owed wages, including accrued vacation, within 72 hours of the date the employee gives notice. Vacation pay must be prorated on a daily basis and must be paid at the employee’s final rate of pay of the time of separation.
For example, an employee who earns $13 per hour and works 40 hours per week who has 15 days of unused vacation by the time she quits on the 219th day of the year must receive $936.00 upon separation.
219 days/365 days in a year = 60 percent of the year worked
60 percent of 120 hours vacation entitlement in a year = 72 hours vacation earned and accrued
72 hours x $13.00/hour = $936 vacation pay due at separation.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How is national origin discrimination defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
- If I was sexually assaulted many years ago, can I still bring a civil lawsuit for damages?
- If my employer violated the terms in the employee handbook by firing me, can I hold him responsible?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- Is sexual battery charged as a misdemeanor or felony?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What evidence is necessary in order to help prove national origin discrimination under Title VII?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is national origin discrimination under Title VII?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?