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Floating Holiday Pay

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josephter

Junior Member
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)?
 


outonbail

Senior Member
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.
 

pattytx

Senior Member
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.
http://www.dir.ca.gov/dlse/opinions/1992-04-27.pdf
 

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