California Employment Law

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If an employee does not want to take the time off for

If an employee does...

If an employee does not want to take the time off for vacation does the employer have to let them work the 52 weeks PLUS pay out the 2 weeks vacation pay as a check? Which means they are getting paid for 54 weeks not 52 weeks. Please advise. Thank you.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Yes, this is the State of California.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, administrative, non-union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time. Just not sure how to handle the situation.

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Answered in 7 minutes by:
9/19/2017
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,751
Experience: Retired
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Vacation pay is not required under California law. Neither is vacation time. The employer is not required to pay any cash for unused vacation until the employee's employment is terminated (quit, fired, layoff or otherwise). The employer may simply accrue the unpaid vacation until that occurs.

The reason why employers usually payout unused vacation in cash once per year is because the vacation pay required at termination is based upon the employee's final wage -- which is usually greater than the wage on the date that the vacation pay was earned. By paying it out once each year, the employer avoids having to pay more than would be the case if the employer were to accrue the unpaid vacation until the employee's final termination date.

Also, it can be quite a shock to have to pay out many years of unpaid vacation all at once.

In any case, the employer can simply not pay the unused vacation at this time, and maintain a record -- or, pay it out in cash -- at the employer's discretion.

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socrateaser, Lawyer
Category: California Employment Law
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