Does my employer have to pay me for earned paid sick/vacation time?
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Does my employer have to pay me for earned paid sick/vacation time?
I am employed by a business that owns several locations. The initial location I
was working out closed down and I transferred to another in the area. When I
started at the new location, my paid sick and vacation time printed on my check
stubs reset to zero. I am entitled to have those hours roll over to my current
location or can I get paid for that time earned?
Asked on July 8, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If there was no break in your employment--i.e. your transfer was approved prior to your location closing--your sick and vacation days should have rolled over: an employer may not zero out sick or vacation time due to a change in location.
If there was a break in your employment--that is, location 1 closed and you stopped working, then in essence you were "rehired" to location 2--you sick days would have gone away but your accrued but unused vacation days should have been paid out when you job (at location 1) terminated under CA law.
So either treat your employment as continuous and roll everything other; or treat it as broken and pay out the vacation days (though you'd lose the sick days)--those are the only legal results. Since they zeroed out wthout paying everything, you may wish to contact your state's department of labor to file a complaint.
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