The four weeks' vacation earned in the second year, when viewed in the context of the two weeks' vacation earned in the third year, makes it clear that two of the four weeks earned in year two are actually vacation earned in year one. DLSE's enforcement policy does not preclude an employer from providing a specific period of time at the beginning of the employment relationship during which an employee does not earn any vacation benefits. For example, if an employee is . If implementation of a cap is a subterfuge to deny employees vacation or vacation benefits, the policy will not be recognized by the Labor Commissioner.
Do employers have to give vacation time in California?
An employer is also required to pay out earned vacation time to you when you are terminated or leave the company. For example, if you work a 40-hour workweek, over the course of 6 weeks, you would be accruing a minimum of 8 hours of paid sick time. Instead, your vacation time is considered a form of wages that you’ve earned – and if an employer says it’s expired, that’s a form of wage theft. Employers are allowed to offer vacation time to some employees but not others, as long as they’re not withholding the benefit from people based on a protected characteristic (such as race, religion or gender).