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| *Ostroff, Fair and Company>>>Law & Legal |
Accrued Vacation Time? |
Ok I resigned from my old job in may and i had 2 weeks vacation untouched but i read in the company's policy manual that you dont get paid for any unused vacation time so i left it at that but i was talking to some people recently and they were telling me that i earned that time and recently i read that its federal law to pay accrued vacation time that has not been taken .....so that being said does my old employer owe me $ for those 2 weeks vacation time i never touched???(im in california) please include legitimate links and sources if possible thanks in advance for your help!! The short answer is. "yes, they do." The long answer is, "it depends on the company's vacation pay policy and how accruals are calculated." For example - if it is an "earn as you go" plan, where you accrue x number of hours each pay period, they must pay you all earned accruals at the time of termination (the case law that pertains is Suarez vs. US Plastics if you are interested.) If it is a "use it or lose it" plan, where you are credited with time all at once (such as on a service anniversary date), you may not be eligible for a payout if that date was not yet reached - for example, if your service anniversary was in June and the company didn't actually 'credit" your two weeks until that time even though it showed as available for you to use. I know this is a bit confusing but unless you have a copy of their vacation pay policy (or a pay stub showing accruals) I can't give more specific info for your situation. Hope this helps. Call the department of labor for California and discuss the specifics of your case with them. They can advise you best on what you are entitled to. Yes, in California employers are required to pay out any accrued and unused vacation time. But is it vacation time or is it personal time? Some companies put sick and vacation time together and call it paid time off which is not the same thing. |
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