Legal Question in Administrative Law in California

just want to know...

Is it legal for an employer not to pay for sick days, holidays, or vacation time?


Asked on 10/27/07, 12:53 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: just want to know...

Your question should be directed to the Employment Law Section [I assume one exists].

If you are an employee and not a true independent contractor, you are entitled to those benefits in an amount specified by your contract of employment. Contact the State agency to find out the minimum benefits required if your contract or any agreement you or your trade [if you are a union member]have are silent on the matter. The State will also go after the employer if that is his natural business habit.

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Answered on 10/27/07, 1:57 pm
Terry A. Nelson Nelson & Lawless

Re: just want to know...

No.

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Answered on 10/29/07, 2:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: just want to know...

As I understand it, an employer must honor its contracts. If the contract of employment (which may be written, oral, or implied from facts and circumstances such as its prior practice or custom) calls for paid vacation, etc., you are entitled to it; but there is no requirement that an employer offer or pay for fringe benefits that I know of......you are entitled to sick leave, but not necessarily paid sick leave.

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Answered on 10/28/07, 2:14 pm


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