DO I HAVE TO USE UP MY VACATION EVERY YEAR OR DO I HAVE TO FORFEIT IT?

Do I Have to Use Up My Vacation Every Year or Do I Have to Forfeit it

Let’s say you get ten days of paid vacation every year. Up to the last month that you’ll be able to use your vacation days, you have 7 days of vacation days left. Your boss tells you that you have to take these vacation days before the end of the year or else you’ll lose them. What do you do?

There’s no law that requires employers to provide paid vacation to their employees. However, some states do have laws that form the kind of vacation policies employers can create. This means that employers do not have to offer vacation, but if they do, they have to follow certain guidelines.

This “use-it-or-lose-it” policy for vacation days provides a certain deadline, which is usually by the end of the year, by which employees must use their saved up vacation or forfeit it. In most states, this is perfectly legal as long as they are clearly communicated to the employee and not applied in a discriminatory way. For example, an employer may not use this policy to target certain races or sexes.

However, in some states, such as California, this “use-it-lose-it” policies are illegal. California law declares accrued vacation to be a kind of wages that have already been earned by the employee. Thus, the employer cannot take those wages back.

However, California employers can provide some reasonable limit on vacation accrual. For example, if you earn 10 days of vacation each year, your employer can set a limit of 20 days.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/

Categories:

Awards &
Associations

  • martindale
    martindale
  • Client Distinction
    Client Distinction

Why Choose Payab & Associates

  • Over 20 years of legal experience
  • Recipient of “People Love US” on Yelp for 3 years
  • Over 400 five-star reviews on Yelp, Google & Avvo
  • Rated A+ with the Better Business Bureau
  • Tens of Millions of dollars recovered for our clients
  • No fees or costs unless we recover money for you
  • We speak Spanish

Client Testimonials

  • The Law Office of Payab & Associates Thank you from the bottom of my heart.
  • The Law Office of Payab & Associates Going with David for help was the best thing I could have done.
  • The Law Office of Payab & Associates I highly recommend Payab and Associates.
  • The Law Office of Payab & Associates There are no words to express my appreciation.
  • The Law Office of Payab & Associates I felt well represented with Mr. Payab as my attorney.
  • The Law Office of Payab & Associates It was really a pleasure having him as my attorney and I greatly recommend him.
Prev Next

Do You Have A Case?

Call (818) 918-5522 or fill out the form below. Se habla español.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please make a selection.
    • Please enter a message.