Payment of vacation upon termination

[WickedWahine_01]

What is the name of your state? California


1) Is it required that an employer show vacation benefits in writing? We can never seem to get verification of any time due us in writing. We have been told we have two weeks a year and we submit a request for time off to our manager who then signs it but they will never describe our vacation time or sick pay in writing.

2) If an employee quits, is it mandatory for the employer to pay any unused vacation time? My anniversay date is in June. If I leave in July, am I due the entire two weeks that I earned?

3) I have time left over from previous years. Does that automatically carry over? While they will not give me anything in writing, they have acknowledged verbally that I do have the time.

Thank you for your help.

 

[divgradcurl]

"1) Is it required that an employer show vacation benefits in writing? We can never seem to get verification of any time due us in writing. We have been told we have two weeks a year and we submit a request for time off to our manager who then signs it but they will never describe our vacation time or sick pay in writing."

No. An employer in California may have an oral policy for vacations.

"2) If an employee quits, is it mandatory for the employer to pay any unused vacation time?"

Yes. Although it is not mandatory for an employer to offer vacation time, once they do, that time is considered wages, and must be paid out at termination.

"My anniversary date is in June. If I leave in July, am I due the entire two weeks that I earned?"

I assume you mean the two weeks earned in the previous year. In that case, yes. Further, you would also be entitled to be paid for the pro-rata share of the current year's vacation based on the working of the extra month beyond your anniversary date.

"3) I have time left over from previous years. Does that automatically carry over? While they will not give me anything in writing, they have acknowledged verbally that I do have the time."

Yes. "Use it or lose it" plans are illegal in California. An employer MAY put a "reasonable cap" on accrual of vacation time, but it has to be in writing. If there is nothing in writing, no cap, and the employee is due ALL accrued vacation time upon termination.

Here's a concise overview from the DLSE: http://www.dir.ca.gov/dlse/Benefits.pdf

 

[WickedWahine_01]

Thank you for your help. It was really helpful.

Wick.....