Legal Question in Employment Law in California

I just noticed that my employer has shorted me on my vacation time for over 2 years. Based on their employee handbook, I should have been receiving more vacation time than what I have been receiving. Is my employer obligated to grant me the vacation time? If so, am I entitiled to receive a check for the vacation time or does the employer only obligated to give me vacation time for whats owed in arrears?


Asked on 2/15/11, 9:58 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If, based on the employer's stated policy, you have earned more vacation than you have yet received, it is still owed to you. Under California law, accrued vacation policies may not be forfeited, as use it or lose it policies are not legal.

You should contact the human resources manager as soon as possible to advise them of the error and work out how they wish to fix it, either by adding to your available vacation time or paying you for it.

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Answered on 2/16/11, 9:21 am


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