-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Accrued Vacation Hours not paid
- Thread Starter dunno
- Start date
- Status
cbg
Super Moderator
That depends entirely on what state you are in and what your company policy says.
In some states, unused vacation must be paid out, unconditionally.
In some states, unused vacation never has to be paid out.
In some states, unused vacation only has to be paid out if there is a company policy saying they will.
In some states, unused vacation has to be paid out unless a company policy says they will not.
If you post your state, I can tell you which category your state falls into.
In some states, unused vacation must be paid out, unconditionally.
In some states, unused vacation never has to be paid out.
In some states, unused vacation only has to be paid out if there is a company policy saying they will.
In some states, unused vacation has to be paid out unless a company policy says they will not.
If you post your state, I can tell you which category your state falls into.
Thank you Calalily for responding. Actually there were some vacation that were advanced before it was accrued. However the company changed the vacation policy which stated that the accrued vacation hours could only be vested upon the anniversary employment date. Does this mean those advance vacation hours are to be deducted from the total accrued hours vested. Or am i making any sense? CBG, any thougts as well?
Thank you all for your help.
Thank you all for your help.
cbg
Super Moderator
California alone among all other states does not allow an employer to retrieve vacation that has been taken before it is accrued.
If there is vacation that has been accrued but not taken, that is owed to you under CA law.
However, if you've already taken more time than accrued (which is what your second post seems to be saying) what is it that you want them to pay you?
If there is vacation that has been accrued but not taken, that is owed to you under CA law.
However, if you've already taken more time than accrued (which is what your second post seems to be saying) what is it that you want them to pay you?
CBG,
So basically wages can never be deducted from the final exiting paycheck for any reasons and any unused vacation that is accrued has to be included in the final payment - which leads back to the original question.
If the employer paid the accrued vacation 2 weeks after the final payment is it worth filing a complaint to DOL or the labor commission (are these different agencies?) or to FEHA, DFEH, EEOC, DLSE. OSHA. or WHAT is with these acronyms of agencies -no need to describe as there's probably not enough space. If you could just orient me towards the ene-mini-minee-mo one... sorry been reading too much too late too stressed. The first question of this paragraph is all that's needed to be answered. Thank you for your time and attention. Much appreciated.
So basically wages can never be deducted from the final exiting paycheck for any reasons and any unused vacation that is accrued has to be included in the final payment - which leads back to the original question.
If the employer paid the accrued vacation 2 weeks after the final payment is it worth filing a complaint to DOL or the labor commission (are these different agencies?) or to FEHA, DFEH, EEOC, DLSE. OSHA. or WHAT is with these acronyms of agencies -no need to describe as there's probably not enough space. If you could just orient me towards the ene-mini-minee-mo one... sorry been reading too much too late too stressed. The first question of this paragraph is all that's needed to be answered. Thank you for your time and attention. Much appreciated.
cbg
Super Moderator
If you have received everything that is due, in my opinion it would be a waste of time to file any claims. The respective agencies (and most of the ones you mentioned would have nothing to do with a wage claim) are going to be far less concerned with a late, but complete payment, than they are with those employees who still haven't been paid.
- Status
Share this page
