How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

Upon my pending lay off scheduled for March 9th I am wondering

Resolved Question:

Upon my pending lay off scheduled for March 9th I am wondering if the company will need to pay me any sick, vacation time. The company does not have an employee handbook for the non union employees, just the union employees.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

Accrued vacation is due and payable upon an employee's termination. This is so because accrued vacation is regarded as a wage earned, and wages earned cannot be forfeited.

To this end, Labor Code Section 227.3 states as follows:

"Unless otherwise provided by a collective-bargaining
agreement, whenever a contract of employment or employer policy
provides for paid vacations, and an employee is terminated without
having taken off his vested vacation time, all vested vacation shall
be paid to him as wages at his final rate
in accordance with such
contract of employment or employer policy respecting eligibility or
time served; provided, however, that an employment contract or
employer policy shall not provide for forfeiture of vested vacation
time upon termination."

Accrued sick days, on the other hand, need not be paid out by the employer upon termination or ever because sick days are only to be used when an employee is actually sick and they therefore do not have the right to "cash out" those days simply because they are leaving.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

How is the vacation rate accrued. I have been with the company for five years

Expert:  Patrick, Esq. replied 4 years ago.
Section 227.3 states: "...vested vacation shall be paid...at his final rate." Thus, each day of vacation must be paid out at the rate you are making for a day of work at the time you leave your job.

I hope that this clarifies for you. Thank you for requesting me and for your accept. Very best regards.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions