Can my employer refuse to pay my accrued sick days after my giving a 2 week notice?

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Can my employer refuse to pay my accrued sick days after my giving a 2 week notice?

I’m still in my 2 week timeframe and my employer’s HR department is refusing to pay my unused

sick days. I would go into work sick since I was needed desperately and never called in.

Asked on August 16, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In CA, as a general rule, an employee's earned accrued vacation is part of their wages so they must be paid for it. The exception being if there is a company policy, union agreement or employment contract that provides that an employee loses their benefit time when they leave.


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