Legal Question in Employment Law in California

Vacation Pay

I work for a ST Louis, MO based company and I live in California. Company policy states that if you do not use your accrued vacation you lose it.

Is that the law?


Asked on 1/24/02, 10:07 am

1 Answer from Attorneys

Peter Lareau The Law Offices of Peter Lareau

Re: Vacation Pay

Generally, employers covered by California Labor Code Section 227.3 may not have a policy that provides for the loss of unused accrued vacation leave. However, an employer may have a policy that states that accruals cease once a stated amount of leave has accrued.

For example, an employer may have a vacation policy that states that employees will accrue one vacation day per month but that vacation accruals will be suspended once an employee has accumulated 15 days of unused vacation leave and will not resume until the amount of unused leave is reduced below 15.

I would need to see the precise policy to which you refer before being able to give a more definitive answer.

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Answered on 2/04/02, 9:52 pm


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