Get Paid For Vacation—Even If You Never Took It

A vacation can provide an employee with time to bond with their family in addition to enjoying a little time away from work. Employers in California are not required to provide paid vacation time as a benefit to their employees, nor are they required to honor your vacation request.

However, vacation time does become a significant issue of employment law when an employer that does provide paid vacation time. California forbids the “use-it-or-lose-it” vacation policy that employers might be able to get away with in other states, meaning that if you resign or are terminated or laid off, your company is required to pay you for any unused vacation time.

This is a fairly straightforward rule that too many employees get confused about when an employer makes adjustments to its “vacation policy.” We would encourage all California readers to remember that once you have earned vacation time, it cannot be forfeited for any reason. It does not matter if you are now a part-time employee after having earned two weeks of vacation pay while working as a full-time employee. Once you earn the time, your employer is obligated to pay it—even if you are no longer working there.

If you had accumulated vacation time and your employer is attempting to justify taking it away from you, contact our firm to see how we can help.

Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment lawyers


2 Responses to Get Paid For Vacation—Even If You Never Took It

  1. Robin Robin says:

    Can my employer use my vacation time to offset my sick time without my consent or knowledge. Thank you Robin

    • Brian S. Kesluk, Esq. Brian S. Kesluk, Esq. says:

      Yes, as long as they do it to everyone equally.

      Brian S. Kesluk, Esq.
      Kesluk,Silverstein & Jacob, P.C.