Exit packet and vacation pay

[Whiskee]

What is the name of your state? California

I was placed on disability on 7/18/03, however, I did not terminate my employment until 7/2/04. I have not yet received my exit packet and vacation pay. Are there specific time restraints in which they need to provide those items? My worker's comp benefits have exhausted 5/28/04. Do I qualify for EDD benefits?

Thanks,
Whiskee

 

[Beth3]

Vacation pay? You've been off work two years. I can't speak to your employer's specific vacation policy but many if not most employers have their vacation plans defined in a manner that only employees who are actively at work earn paid vacation.

 

[Whiskee]

Yes, I have been employed 2/98 to 7/2/04 but was placed on disability 7/18/03 to 11/03 when I became permanent and stationary. I started vocational rehab 1/27/04 and will complete 2/05. I remained technically employed until July 2004. I have over 200 hrs of vacation owed as well as my 401k.

 

[Beth3]

Okay.

I don't know what "exit packet" you're referring to but CA requires that final pay include all vested vacation. CA reg's also require that an employee who is fired (i.e. involuntarily terminated) receive their final pay "at once." (An employee who resigns must receive their final pay within 3 days.)

I suggest you call the employer and remind them what CA statutes require. If you don't receive any final pay and vacation you are due posthaste, you are free to file a complaint with CA's DOL.

 

[cbg]

Just as a clarification, unless the law has changed since I had employees in CA, if the employee resigns with more than 3 days notice, they are also due their final pay on their last day. It is only if they resign with less than three days notice that the employer has three days to provide the final pay.

If by exit packet you mean things like your COBRA, 401k, etc., that is not required immediately.