What California Law Says About Paid Vacation and Your Entitlement
In many countries, regions, and climates, the concept of paid vacations or paid time off is mandated by the government. This helps the government ensure that staff can take some time off and reduce the risk of burnout in these regions. However, California has a unique law around PTO.
This article highlights what California law says about paid vacation days and how company staff should use it. Keep reading to learn more.
What Does California Law Say About Paid Vacation Days?
In California, the law does not mandate employers to provide a fixed number of paid vacation days or paid time off (PTO). However, some companies have a policy that guides the provision of vacation time. If your company is one of these, then you can take advantage of this policy and pick your preferred times for PTO as approved by your line manager or supervisor.
Also, in California, the law states that any staff that leaves their job must be paid for any unused vacation time. If they are not reimbursed after their exit, they have the right to take the company to court. The lawsuit is called an unpaid wages claim.
Not all California businesses provide paid vacation time as a job benefit or perk. Many of these businesses introduce a waiting period for new employees before they can apply for their paid time off (PTO).
However, because it is up to the employers to determine how their staff accrues their PTO, many businesses take advantage of this. This is exactly why paid vacation days are seen as wages earned by employees under the law. This is also why employees must be paid for their PTO if they leave the company.
Under What Circumstances Can Employers Take Away Vacation Time?
As previously said, under California law, paid vacation days are a form of wages earned. This implies that as long as you earn your paid vacation days according to the policies of the business or employer, it cannot be reversed. In other words, you do not lose your paid vacation days if you do not use them, but you will not be paid for them at the end of the year. Some businesses might even use the fact that you refuse to use your PTO as a claim against you.
Nevertheless, this means your employer does not have the right to take away your vacation time under any circumstances. However, there are some things to note here. In California, employers can limit how much vacation time an employee can get within a fixed number of work months. Employers can also change their company policies to make staff ineligible for paid vacation time.
Always include your PTO during your yearly vacation to ensure that you take it. You deserve it, after all. If you cannot be at rest, some businesses offer unused PTO as a payout at a particular time of the year according to company policy.
How Are Paid Vacation Days Earned?
In California, paid vacation days or paid time off is earned as you work. There are many variations of this, but the basic system outlines that employees earn a portion of paid time off as they clock out each week. Most companies give a two-week PTO every six months. This means you earn about one and a half hours of PTO for every full week you work.
Conclusion
If you decide to leave your job and your employer does not pay your PTO accrued, you should file an unpaid wages claim against the business or your employer. “It is against California law to refuse to pay any employee for unused PTO after they leave the company,” says Attorney Rusty Levin from Levin & Nalbandyan LLP. You will need a lawyer to advise you on the best way to approach your case, so getting one is advised.
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