Teaching job has paid summer vacations but no vacation accrual system in place…is this legal?

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Teaching job has paid summer vacations but no vacation accrual system in place…is this legal?

The California public charter school I teach at gives teachers paid summer vacations, whereas most public schools pay their teachers for 10 months of work, and the teacher can choose to have their salary dispersed over 10 or 12 months. However, this charter school does not have any vacation accrual system in place. Meaning, a teacher can be hired for a certain annual salary, and the school can fire or lay them off at the end of the school year and not give them their paid summer vacation or the remainder of their annual salary. Is this legal?

Asked on May 30, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, you have a couple of things going on here:

1. Unless you are under a particular type of contract, employment is "at-will" in California, which means you can be fired with or without cause.  Conversely, you can also leave with or without notice.

2. In terms of your vacation accrual, check the following:

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

http://www.dir.ca.gov/dlse/dlseWagesAndHours.html


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