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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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My employer has informed me that my employment will end 2/17

Resolved Question:

My employer has informed me that my employment will end 2/17 and they have offered me a severance of a $105,000. I am owed $140k in unused vacation. I am thinking of not taking the severance and making the claim for the unused vacation. Will they be required to pay the accrued vacation?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

The answer is "yes," 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."

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.

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