My employer says that if I don’t use all of my vacation time by the end of the year, they will pay me for the vacation I earned. Is that legal?
Yes. Your employer has the right to manage its vacation pay responsibilities. One way your employer can do this is to pay you at the end of the year for vacation pay you earned but did not take. In this situation, you would not have grounds to file a vacation wage claim in California.
Example:
Jane earns 2 weeks of vacation time each year. Usually Jane goes on a trip and visits her family for 2 weeks every year, but this year Jane only used 1 week of her vacation time. At the end of the year, Jane’s employer paid Jane for the vacation time she earned but did not take. This is perfectly legal. Jane’s employer is acting in accordance with the law as long as he or she pays Jane for the vacation time earned and doesn’t make Jane forfeit her earnings. If Jane was forced to forfeit her vacation pay, she can file a vacation wage claim in California.
If you have a question about California vacation law or want to file a vacation wage claim, contact Strauss & Strauss APC now.