Does Vacation Time Carry Over in California?

By Alice Nichols

If you’re an employee in California, you might be wondering whether your unused vacation time carries over to the next year. The answer isn’t as straightforward as a simple “yes” or “no.” Let’s dive into the details.

Understanding California’s Vacation Time Laws

In California, employers are required to provide their employees with at least three days of paid vacation time after they’ve worked for the company for one year. This time increases to 10 days after three years of employment, and then to 14 days after five years of employment.

While employers are not required to offer more than this minimum amount of vacation time, many do so as part of their benefits package. However, when it comes to carrying over unused vacation time from one year to the next, there are some important rules that employers must follow.

Carrying Over Vacation Time in California

California law does not require employers to allow employees to carry over unused vacation time from one year to the next. However, if an employer has a policy that allows carryover, they must abide by it.

If an employer does have a policy allowing carryover of vacation time, there are certain limits on how much can be carried over. Specifically, an employee can only carry over up to 1.5 times their annual accrual rate. For example, if an employee accrues 10 days (80 hours) of vacation time per year, they can only carry over up to 15 days (120 hours) into the next year.

It’s important for both employers and employees to understand these rules so that they can plan accordingly when it comes to taking and scheduling vacation time.

What Happens if You Leave Your Job?

If you leave your job in California and have unused vacation time that was not paid out during your employment, your employer is required by law to compensate you for that time. This is considered earned wages, and must be paid out at your final rate of pay.

Final Thoughts

While California law does not require employers to allow employees to carry over unused vacation time from one year to the next, many employers do have policies that allow this. If you’re unsure about your employer’s policy, it’s important to review your employee handbook or speak with HR.

Remember that vacation time is an important benefit, and taking time off can have a positive impact on your overall health and well-being. So whether you’re taking a staycation or jetting off to an exotic location, make sure you’re taking advantage of the vacation time you’ve earned.