Full or Accrued Vacation Pay When Leaving

[vdo]

California

Any employee of mine claims his lawyer said he is entitled to his full 15 days vacation when he only worked 3 months. I told him that it is on an accrual basis and payroll has it calculated which comes out to about 4 days.

Who's right here? He wants to be paid for the full 15 days. It would be ridiculous as he could have worked for 1 day, quit and claim 15 days. Thanks

 

[FlyingRon]

You (and HR) is most likely correct. Vacation time is issued on an accrual basis (even if the company allows an employee to take it in advance of the accrual.). He must be paid the accrued amount. He's not entitled to any more.

 

[eerelations]

Accrued only.

 

[cbg]

Not even in California or Massachusetts (which are arguably the most employee-friendly states and which have the most complex rules on vacation payout) is an employee due vacation time he has not accrued yet. In California, state law expressly requires that vacation time accrue as you go (the only state that has any laws at all about how time is earned). So he's very much in the wrong state to make that claim.

 

[eerelations]

Not even in California or Massachusetts (which are arguably the most employee-friendly states and which have the most complex rules on vacation payout) is an employee due vacation time he has not accrued yet. In California, state law expressly requires that vacation time accrue as you go (the only state that has any laws at all about how time is earned). So he's very much in the wrong state to make that claim.

Probably lying about having a lawyer too.