Do You Have to Pay Out Unused Vacation Time in California?

By Michael Ferguson

If you’re an employee in California, you might be wondering about your unused vacation time. Do you get paid for it when you leave your job Or is it lost forever

California Law on Paid Vacation Time

Under California law, vacation time is considered a form of earned wages. This means that if you have unused vacation time when you leave your job, your employer must pay you for that time.

However, there are some exceptions to this rule:

  • If your employer has a policy that clearly states that vacation time will not be paid out upon termination, they do not have to pay you for unused vacation time.
  • If you are fired for misconduct, your employer does not have to pay out any unused vacation time.

How Vacation Time Accrues

In California, employers are required to provide their employees with at least 24 hours of paid sick leave or paid time off (PTO) each year. However, the amount of vacation time an employee accrues can vary depending on their employer’s policies.

Some employers offer a set amount of vacation time per year that an employee can use as they please. Others use an accrual system, where employees earn a certain number of hours of vacation time for every hour worked.

What Happens to Unused Vacation Time

If an employee leaves their job with unused vacation time, the employer must pay them for that time at their final rate of pay. This is true whether the employee quits or is terminated.

The only exception is if the employer has a policy stating that they will not pay out unused vacation time upon termination.

Conclusion

In California, employers must pay employees for any unused vacation time when they leave their job, unless there is a policy stating otherwise or the employee was fired for misconduct. It’s important to know your employer’s policies regarding vacation time so that you can plan accordingly.