Unpaid Vacation Time - Aiman-Smith & Marcy
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Unpaid Vacation Time Attorneys in California

Upholding your right to the time you earned

Employers in California are not required to provide their employees with vacation. However, they must abide by their own policies regarding eligibility for time off and are subject to California and federal wage laws that address the matter. With more than 60 years of combined experience, Aiman-Smith & Marcy’s attorneys are committed to protecting your right to the vacation time you earned.

Remedies under California vacation laws

Under California laws, your vacation time is considered wages that are earned for labor you perform. Just as your employer cannot deny you wages you have earned, your employer cannot deny you your vacation time once you have earned it. Even if your employer discharges you or you quit, you are entitled to compensation at your final rate of pay for the vacation time you accrued. Your employer is not allowed to implement a use-it-or-lose-it policy that results in forfeiture of your annual allotment of vacation time if you failed to use it by the end of a year. However, your employer can place some restrictions on your vacation eligibility as part of your employment agreement. For example, your employment contract or employee handbook can require you to start your vacation earnings after a certain probationary period or put a cap on the amount of vacation you can earn in a given time period. Our California wage lawyers demand that you either receive the opportunity to enjoy your hard-earned vacation time or are compensated for unused days.

Your rights under the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) entitles certain eligible employees to up to 12 work weeks of job-protected, unpaid leave per year under various situations that include childbirth, adoption, care for a sick family member and the inability to work because of a serious medical condition. Although your employer cannot prohibit you from taking leave, the company may require you to use — or you may choose to substitute FMLA for — accrued paid or unpaid vacation time. Our California labor and employment lawyers demand that your employer complies with this federal statute.

Learn more about your vacation time rights from our dedicated California employment law firm

If your employer has failed to compensate you for unused vacation time, please call us at 510-817-2711 or use our email form and contact us for a free consultation with one of our attorneys: Randall Aiman-Smith, Reed Marcy or Hallie Von Rock. Our office is located near the Oakland Coliseum off Highway 880, 66th Avenue exit. We welcome the opportunity to review and discuss your legal concerns.

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