Legal Question in Employment Law in California

my husband works in california and his companies home office is in New Jersey

when he retires next year will they buy back any sick leave and vacation time

or is it a use it or lose it state..I have heard different opinions from everyone just

curious if he should use it all or retire early and use the accured time as part of

his retirement savings? Thanks for all your help....


Asked on 9/16/09, 4:28 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

In California, once vacation time is earned it becomes compensable wages. Use or lose it is an unlawful policy in this state. However, employers may put caps on how much vacation time an employee can accrue.

Sick time does not accrue. It is only there to use in the event an employee becomes sick. If it is not used, it is not compensable and employers do not, typically, buy that time back.

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Answered on 9/16/09, 6:04 pm


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