According to the California Department of Industrial Relations, there is no legal requirement in the state for employers to provide their employees with paid or unpaid vacation leaves or paid time off (PTO). However, if employers do agree to provide paid vacation, certain restrictions are placed on them concerning its provision.
Under state law, earned vacation time is treated as wages and is earned as labor is performed. Accrued vacation pay cannot be forfeited, even upon termination of employment, regardless of the nature of the termination. However, employers are allowed to place a reasonable cap on vacation benefits to prevent their employees from earning vacation time over a certain number of hours.
Holiday leaves can be taken during national or federal holidays and state declared holidays. The general rule is that if a holiday falls on a Saturday, then the employee gains a floating holiday, which he or she can use throughout the year. Additionally, if a holiday falls on a Sunday, then the holiday will be celebrated on the following Monday. The exception is Veterans Day, which should be observed on the preceding Friday if it falls on a Saturday.
Sick leaves aren’t subjected to the same rules as PTO and vacation leaves, and California employment law states that employers are required to provide their employees with a minimum number of paid sick leaves each year.
Obtaining Reimbursement for Your Vacation Leaves
As previously mentioned, California’s labor laws do not require employers to provide their employees with vacation leaves. However, should they dispense this privilege, employers cannot take their employees’ vacation time away and have to pay for unconsumed vacation time upon termination of employment.
If your employer fails to reimburse you for earned vacation leaves upon the end of your employment, then they’re guilty of committing labor law violations. To obtain just recompense, you should hire an experienced California employment law attorney.
Get Legal Advice From a Trusted Employment Law Attorney
Mesriani Law Group’s top team of employment law experts can help you sort through the various labor law violations, including failure to reimburse you for your earned vacation leaves.
Our compassionate and knowledgeable labor law attorneys understand the ins and outs of the state’s employment laws regarding holidays, and will fight tooth and nail to ensure that you’re awarded everything you’re entitled to, including back pay, overdue wages and benefits, and damages stemming from emotional and psychological suffering.