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I will be qitting my job on my own volition in CA. I still…

I will be qitting my...
I will be qitting my job on my own volition in CA. I still have 10 working days of unused vacation, and 5 unused days of "bought" vacation for which the company deducts some money from every paycheck. If I quit --- is the company obligated to pay me for unused vacation and for the "bought" vacation when I quit.
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Answered in 6 minutes by:
5/30/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,433
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Hello: My name is ***** ***** I am an attorney.

By chance, do you have an employee handbook that discusses this issue?

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Customer reply replied 2 months ago
No. I woould like to know California law.

Sure. Hold, please.

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When an employee quits or is fired or laid off, all accrued, unused vacation time must be included in the employee's final paycheck. Employers cannot, under any circumstances, refuse to pay an employee accrued vacation if the employee quits or is fired or let go.

There is no legal requirement in California that an employer provides its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay.

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This means that accrued vacation cannot expire and must be paid out to an employee upon termination or separation from the employer. The same rules apply to PTO.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
If I am entitled to 4 weeks vacation per year and take all my 4 weeks before retirement. Can the employer ask for 2 week pay back because I quit mid-year.

Courts have held that vacation pay accrues (adds up) as it is earned. In California, because paid vacation is a form of wages, it is earned as labor is performed. An employer's vacation plan may provide for the earning of vacation benefits on a day-by-day, by the week, by the pay period, or some other period basis.

The calculation of vacation pay for terminating employees (a quit, discharge, death, end of contract, etc.) who have earned and accrued and unused vacation on the books at the time of termination must be prorated on a daily basis.

I never heard of an employer demanding payment back. Arguably, if you are allowed to take the vacation, then it would be considered already accrued.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
I also bought 5 vacation days. The company allows us to buy it at 75%. Can i specify which part of vacation I can take first. As if I quit it is to my advantage to take the bought vacation first and then get paid lump sum for regular part of vacation.

You should be able to specify what days you want to use first.

In general, leave accrues evenly throughout the year, and some companies will let you "go into the red" and use vacation time before you accrue it. If you started the year with 0 vacation time and you left at the end of March, and you accrued vacation time evenly, then you would have accrued one week and taken two, so you could owe them a week of pay for that. For the paid days, you paid for them so it would seem that you would not run the risk of having to pay for them after quitting.

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Hello again:

I hope I provided good service to you. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

DamienJD
DamienJD, Attorney
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