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


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:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.