If I was terminated today, am I eligible to receive my 40 hours of earned vacation pay and almost 7 hours of sick pay?earned 40hrs of vacation pay.

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If I was terminated today, am I eligible to receive my 40 hours of earned vacation pay and almost 7 hours of sick pay?earned 40hrs of vacation pay.

These hours are clearly stated on my most current pay stub. Are those to also be included in my final pay check?

Asked on August 17, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You employer only has to pay them if there is a written employment including a union or collective bargaining agreement requiring them to pay out unused paid time off on termination or end of employment. If there is no such agreement, while they could voluntarily choose to pay you for your time, they do not have to the law does not require employers to pay PTO on termination of employment absent a contract or other written agreement.


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