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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 116252
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was a salaried exempt employee years and terminated

Customer Question

I was a salaried exempt employee for 16 years and terminated after 6 months of disability, during which I received pay continuation. The employer paid my full pay and allowances for six months, including 401-k plan contributions match, medical and life contributions. However, they refused to pay me accrued vacation for that period of time. Their justification was that their leave policy reads: "An absence without pay or a leave of absence does not pay accrued vacation". I feel that if I was on pay continuation, than vacation is part of my pay. I have 10 days left to appeal the California Labor Board decision, not to grant the accrued vacation for the six month period. Do I have any legal ground to stand on?
Thank you for your help
Adrian Preciado ***@******.*** (###) ###-####
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under law, vacation pay is not something mandated to be given to employees so there is no law regulating it. When an employer chooses to give employees vacation, the employer sets the rules, with the exception that any vacation time accrued and not used by the employee is considered wages due upon termination. When an employee is not working for the employer, but is on leave of some form, it is up to the employer as to whether they accrue vacation time during that time, so you have to defer to the employer's rules on the accrual of vacation time as there is no law in CA regarding this issue and if you are looking to the CA codes for an answer, it is not there.
So if your employer's policy that a leave without pay does not accrue vacation time, that is a validly enforceable policy that a court/labor board would have to abide by.