Skip to Content
Top

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

Family

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/

Share To:

Awards &
Associations

  • Super Lawyers - 5 Years
  • Yelp
  • BBB A+
  • Avvo - Top Attorney Employment
  • Super Lawyers - Thomspn Reuters 2014
  • Elite Lawyer 2018
  • Client Distinction Award 2015
  • Avvo - Top Attorney Personal Injury
  • Martindale Champion
  • Avvo 10.0
  • Alignable
  • Avvo Clients Choice Award 2018
  • Alignable Recommended
  • Elite Lawyer 2018
  • Beverly HIlls Bar Association
  • Avvo Reviews
  • CAALA
  • LACBA
  • LexisNexis
  • Long Beach Bar
  • Alignable
  • The Premier Prospector

Client Testimonials

  • “Patient and Thorough”
    David read through my contract and explained it thoroughly to me, answering every question that I had. He is knowledgeable and a very nice person, and I will be use him again.
    - Former Client
  • “I would highly recommend this law office.”
    David provided professional services and insightful advice to us. I really appreciate the work he has done. I would highly recommend this law office.
    - Former Client
  • “[David] was able to guide me through all my options”
    David from Payab & Associates helped me out immensely when I was at a complete dead end and had no idea what next steps to take. He was able to guide me through all my options and he was so understanding of my situation throughout our communication.
    - Shwetha G.
  • “I didn't feel rushed and I felt heard, which is important for over-the-phone consultations.”
    I was looking for every possible solution to my legal inquiry, and David was really helpful. He is knowledgeable about many legal facets and took the time to educate me about the pros and cons of different choices I could make. He provided cheaper options I can take, which is important for me to consider as a student seeking legal advice. I didn't feel rushed and I felt heard, which is important for over-the-phone consultations. I see myself contacting David again, he's great!
    - Taylor M.
  • “Very professional and I would most definitely recommend them to friends and family”
    Payab & Associates was extremely helpful and supportive to me for my legal consultation. They answered every question I had in a very clear and understandable manner without getting too much into legal jargon. Very professional and I would most definitely recommend them to friends and family
    - Andrew R.
  • “Mr. Payab was very professional and I would definitely recommend his services.”
    I spoke with Mr. Payab through USC's legal consultation program, and he was very helpful and provided detailed advice and assistance. During the consultation, he explained the necessary processes to remedy the issues I was facing and provided tips on clauses to include in the documentation. Mr. Payab was very professional and I would definitely recommend his services. I will definitely contact him again for any future legal advice or consultations.
    - Sameer A.
  • “Mr. Payab is extremely wise and I absolutely give him a five star, first class rating.”
    Mr. Payab and his entire office are truly amazing and Heaven sent! Look no further when seeking counsel. Mr. Payab is extremely wise and I absolutely give him a five star, first class rating. He is the best in the business. The communication, knowledge, and work ethic is outstanding. I am truly grateful for his counsel. David really cares about his clients and it shows.
    - Shy D.
  • “He gave me the best possible advice and several different options.”
    David is amazing, he gave me the best possible advice and several different options. He explained the pros/cons of each option and let me decide how to proceed.
    - Sai A.

Why Choose The Law Office of Payab & Associates?

  • No fees or costs unless we recover money for you
  • Tens of Millions of dollars recovered for our clients
  • Over 950 five-star reviews on Google, Avvo & Yelp
  • Recipient of “People Love US” on Yelp for 3 years
  • Rated A+ with the Better Business Bureau
  • Over 26 years of legal experience
  • Providing Service in Spanish

Do You Have a Case?

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

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy