Advanced Vacation Pay and Leave
Your employer cannot deduct "advanced" vacation (i.e.,
vacation that is taken before it is earned or accrued) from your final
paycheck. Because of work schedules and the wishes of employees, many employers
allow employees to take their vacation before it is actually earned. Under
California law, vacation benefits are a form of wages, and an employer's
practice of allowing employees to take their vacation before it is actually
earned or accrued is in effect an advance on wages. Thus, if an employee takes
an advance on vacation and then quits or is discharged before all of that
advanced vacation is earned or accrued, the effect is that there has been an
overpayment of wages which is a debt owed to the employer.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876 5744
- 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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