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  1. #1
    josephter is offline Junior Member
    Join Date
    Nov 2008
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    Floating Holiday Pay

    California
    In California when an employer offers floating holiday(s) as a benefit is that payable on final pay? The benefit is:full time employees who have completed 6 months of service receive one float holiday per year, float holiday must be pre-approved, must be taken in full day increment and does not carry over into next year.What is the name of your state (only U.S. law)?
  2. #2
    outonbail is offline Senior Member
    Join Date
    Aug 2004
    Location
    Southern California
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    2,515
    The way you describe it, I would say no, it is not the same as say earned vacation pay.

    My reasoning:

    Because it has to be "pre-approved"

    If you received your final pay, as in you're no longer employed there, I don't think you stand much of a chance at having this floater approved.
  3. #3
    pattytx is offline Senior Member
    Join Date
    Oct 2004
    Location
    small town, PA
    Posts
    9,442
    I'm going to disagree with outonbail here. Sorry, out.

    Vacation has to be "pre-approved", doesn't it? So, I'm not seeing where that as a reason would hold up.

    Basically, the only restriction to your plan is that it be used within six months. If it were severly restricted, such as "must be taken within 1 week of the holiday worked" or a birthday holiday where it "must be taken within the birthday month", then I would say it would not need to be paid out. But the way your policy reads, I doubt the DLSE would see it as anything other than an extra day of "vacation".

    This opinion letter is pretty much on point.
    [url]http://www.dir.ca.gov/dlse/opinions/1992-04-27.pdf[/url]
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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