Law Office of Arkady Itkin
Law Office of Arkady Itkin - San Francisco Injury / Wrongful Termination Lawyer   Contact Us at (415) 295-4730
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely

Is "use it or lose it" policy regarding vacation time legal?

7/17/2008

 

Under a "use it or lose it" policy, an individual who does not use all of his or her accrued vacation pay by a particular time forfeits the right to be paid fro those days at a later date. The California Supreme Court held, however, that vacation pay vests as it is earned, and any vacation earned cannot be taken away. Vacation pay is, in effect, additional wages for services performed, the receipt of which is postponed. Thus, this "use it or lose it" policy is unlawful.  

Further, an employer may not force an employee to use accrued vacation time rather than serve out the term of his employment. Vacation pay that is not used continues to accumulate unless the vacation policy contains a "cap" on accruals. A "cap" precludes the employee from accruing additional vacation time after a specified amount has been accumulated. 

Under California Labor Code section 227.3, unless otherwise provided by a collective bargaining agreement, an employee who is terminated without having taken all accrued vacation time must be paid for the vacation time as wages to his final rate of pay.


Comments are closed.

    RSS Feed

    San Francisco Wrongful Termination Lawyer

    Categories

    All
    Ada
    Administrative Exemption
    Age Discrimination
    At Will Employment
    Awol
    Cfra
    Constructive Discharge
    Contracts
    Defamation
    Disability Discrimination
    Disability Rights At Workplace
    Discrimination
    Employee Relations
    Feha
    Fmla
    For Employers
    Harassment
    Hostile Work Environment
    Independent Contractors
    Interactive Process
    Labor Commissioner Hearings (DLSE)
    Meal And Rest Breaks
    Mediation
    Medical Leave
    Non Compete Agreements
    Overtime Compensation
    Pregnancy Leave
    Racial Harassment
    Reasonable Accommodations
    Retaliation
    Sex/Gender Discrimination
    Sexual Harassment
    Sick Leave / PTO
    State And Public Employees
    Temp Agencies
    Tips For Employers
    Unemployment Benefits
    Vacation Time
    Vaccine Mandates
    Wage Claims
    Whistleblower Retaliation
    Workplace Disability Laws
    Wrongful Termination

    View my profile on LinkedIn

Personal Injury Law

San Francisco Personal Injury Lawyer Blog
Contact San Francisco Personal Injury Lawyer
Useful Legal Links

Employment Law

What Is Wrongful Termination?
Sample Request for Reasonable Accommodation
Sample Complaint about Workplace Discrimination 
FAQ About California Employment Law 

Law Office of Arkady Itkin

Contact Us
About
Our Practice Areas
Current Cases & Results 


Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; arkady@arkadylaw.com
Photo used under Creative Commons from Ernst Moeksis