Legal Question in Employment Law in California

Vacation Accrual Question

35 co-workers and I work as teachers for an American company (place of work the United Arab Emirates). Contracts were signed in California and include a stipulation that the contract is bound by the laws of California. Departing teachers (whether they have quit or finished their contracts) are having difficulty collecting accrued vacation. Contract stipulates that there is one month of paid vacation to be taken during the last month of the one-year contract. Teachers are not discouraged from leaving their positions early provided they give notice. Teachers honoring the full contract are "released" (i.e., allowed to return to the US with no further job responsibilities) after 10 months of the one-year contract. The main question is how does the vacation time accrue and do employees who quit mid-year (or are terminated mid-year) accrue vacation? Thank you very much.


Asked on 5/07/00, 6:33 am

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Vacation Accrual Question

Under California law, vacation accrues in accordance with the employer's vacation policy. If the employer's policy is one month vacation per year, you would accrue one twelfth of one month's vacation during each month of the year. An employee who quits mid year, would have one half of one month's vacation accrued at the time of termination of employment.

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Answered on 6/21/00, 11:57 am


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