Vacation pay out in Ca after quitting the job

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Vacation pay out in Ca after quitting the job

I currently have 225.7 hours of earned vacation time and 311.8 hours of eligible vacation time. Does the employer have to pay me out the total of the 2 or for just 1 of the amounts?

Asked on June 22, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

 

A.

Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

 


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