Must Employer Pay for Floating Holiday?

[gladtobealive]

What is the name of your state? CA

I am leaving my company and gave notice. My employers said he will not pay out for my floating holiday, which is advertised as a benefit. I have read somewhere in the past that in CA, if an employer advertises something as a benefit, then they are obligated to pay out upon termination of employment.

Does anyone know whether this is true and can you provide a reference? Any help will be appreciated.

Thanks.

[moburkes]

What is the name of your state? CA

I am leaving my company and gave notice. My employers said he will not pay out for my floating holiday, which is advertised as a benefit. I have read somewhere in the past that in CA, if an employer advertises something as a benefit, then they are obligated to pay out upon termination of employment.

Does anyone know whether this is true and can you provide a reference? Any help will be appreciated.

Thanks.

What does your handbook say in regards to what happens when you are terminated?

[cbg]

CA law requires that earned but unused VACATION time be paid out at termination. There is no blanket law requiring "benefits" in general to be paid out.

[pattytx]

I have heard that, in California, it really depends on how the "floating holiday" is structured, and how it can be used, as to whether it is just vacation masquerading as another name. Can it be used just like vacation? Or does it have to be taken, for example, during your birthday month or something like that.

[gladtobealive]

I probably should have mentioned that we have fewer than 50 employees.

The employee handbook says nothing about how and whether the floating holidays are paid out -- or vacation for that matter.

We can only take the floating holiday on a holiday that we don't otherwise get off, such as Presidents' Day or the day after Thanksgiving.

Thank you all for replying. I think I know the answer . . . no payout for the floating holiday.

[cbg]

Since it has a limited use, yes, that's correct. No payout of floating holiday.

[pattytx]

I agree with cbg.