Legal Question in Employment Law in California
vacation pay when giving notice
I am a salaried exempt employee who acrues vacation time. On my next anniversary I will have 4 weeks of vacation. If I give my 2 weeks notice and the exit date stated in that notice is beyond my anniversary date, does my employer have to pay me for the vacation time, even if they dismiss me prior to my stated exit date?
1 Answer from Attorneys
Re: vacation pay when giving notice
Your question is not clear. If you are about to reach the end of a year in which you began to accrue vacation at the 4 week rate, you have already earned the 4 weeks and a termination will not affect your right to vacation benefits. If on the other hand you begin earning at the 4 week rate when you reach your anniversary, you will not be entitled to the full 4 weeks until you complete an additional year of work.
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