It can be confusing to employees in California about whether they are entitled to vacation time and what happens when they don’t use it while they are employed. Under California law, employers are not required to pay their employees for any vacation time. If they do choose to offer vacation days, under federal and state law they are not required to pay their employees for those days.
However, most employers do choose to offer their employees paid vacation time in order to attract good workers and to give employees a chance to recuperate from work. Many employers offer either a set number of days per year or they base vacation time on the number of days or hours the employee works. Under California law, if an employer has agreed to provide an employee with vacation time, it is illegal to fail to pay it. In fact, the employer can face criminal charges for failing to pay for vacation time.
It is critical that when you leave a job you are compensated for your time at work. That includes any vacation benefits to which you are legally entitled. If you quit or you are fired, you are owed pay for all the paid vacation time you have accumulated. Your employer is not allowed to take away the vacation time you have earned. However, there may be limits on the maximum amount of vacation time you can accumulate.
If you believe that you have not been paid for all of your accrued vacation time in Los Angeles, you should speak with an attorney. Call me, Conal Doyle, Los Angeles employment attorney, at 310-651-8272. I can help. Call today to learn more or to schedule a free consultation on your case.