Legal Question in Employment Law in California

Accrued Vacation: Is Use it or Lose it legal?

I am trying to find out if California Labor Law prevents my imployer from implementing a ''use it or lose it'' accrued vacation policy. I'm told that no employer in CA. can do this as accrued vacation is part of the compensation package. If so, I would like to know the Division, Part, and Chapter for the code so I can show it to my employer.

Thanks,

--name removed--


Asked on 12/05/00, 12:23 am

1 Answer from Attorneys

Stuart Kaye Law Offices of Stuart M. Kaye

Re: Accrued Vacation: Is Use it or Lose it legal?

Labor Code Section 227.3 prohibits an employer policy which requires an employee to forfeit wages earned on accured vacation. The courts have interpreted this section to prohibit an employer from establishing a "use it or lose it" policy.

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Answered on 12/05/00, 10:53 am


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