How does the CA employee vacation pay system work?
Hello,
I'm not very familiar with CA employee vacation pay system...are employees entitled vacation paid days?
This is my situation: I haven't taken any of my two week vacations available in '05 and last summer of '06 and I will not be taking any days this summer of '07...In this case my employer owes me for 6 weeks of pay, right? And if this is the case, I would be paid for my summer '07 vacation, next summer of '08? Are they entitled by CA law to pay me or is it up to them? Seems like they are trying to get around paying me my six weeks...(I plan on giving my 2 weeks notice next week, so this check will come in handy)
I’ve been with this company 7 yrs…and I stop taking vacations in ’04.
Thank you.
Answer:
Under California Law you are entiled to your vacation pay, period. Labor code section 227.3 as well as case law Suastez V. Plastic dress co (1982) 31 Cal 3d, 774, 779
make it so.
Let me explain. The law is simple, an employee need Not Offer Vacation as a benefit, or medical for that reason; however, Once they offer it as a benefit they cannot take it away as it falls under "income". Why? Because the vacation is "paid" ie, your not there and away, yet, they pay you. The trick is "once it is earned" they cannot take it away.
You have been there for awhile and all that back vacation is owned by you, they should have paid it each year instead of letting it build up to six weeks and this is thier fault.
At one time company's tried the policy of "use it or lose it", the courts ruled against that policy is multiple suits and this is where Suastez v Plastic dress co come in.
The money is yours and they cannot deny it to you. In the event you do, see an attorney and it will iron our quickly.
Be sure they pay your interest also...
Every company has their own policy. If you feel like you are being cheated I would consult the employee handbook. At least in Ohio there is no law that companies have to "buy back" unused vacation time. If you didn't take the vacation, I assume that you worked and were payed. Why would you be paid twice for that time? If you didn't work, then why didn't you take the time as paid vacation?
Many companies have a policy involving the loss of vacation time not taken. You don't say if you have a special arrangement with your company in respect of not taking vacations. It seems very unusual for somebody to simply stop taking vacations in 2004. I would say you have simply lost vacation pay for 2005 and 2006
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