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California law does not require employers to provide employees with vacation pay. Most employers, however, do provide employees with the benefit of vacation pay. When they do, California law treats the accrued vacation pay under the employer’s policy as the employee’s wages. This means employees are owed all accrued and unused vacation time when their employment ends with the employer.
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For example, if an employee quits or is involuntarily terminated (regardless of the reason) and has 40 hours of accrued vacation pay that was not used, the employee is owed 40 hours’ worth of pay at the regular rate of pay upon termination in addition to all other wages owed. As vacation benefits usually involve large blocks of paid time, unpaid vacation pay results in massive and unlawful wage losses for California employees.
David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.
David Mara
If you feel you have been unlawfully denied vacation pay in California, contact our office today for a free consultation and vacation pay analysis at Mara Law Firm.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.
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