Should my unused vacation be paid out to me?

I’m an employee located in CA and my employer is located in IN. I gave my 2 weeks notice last week and my HR department has notified me that my unused vacation pay won’t be paid out to

me. Is this legal?

Asked on May 4, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Fortunately for you, you are working in one of the states which requires that employees be paid for accrued but unused vacation time, at their then-current rate of pay, when their employment ends, unless there is a collective bargaining (e.g. union) agreement to the contrary. Your employer may not be familiar with this, since they are in IN, but the important thing for your purposes is where you work, which governs (i.e. the law of the state you are working in controls for this purpose). Since you are in CA, unless you have collective bargaining agreement giving up the right to be paid, they have to pay for the vacation time. Below is a link to a CA government webpage you could share with your employer if necessary: http://www.dir.ca.gov/dlse/faq_vacation.htm


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