Earned and Unused Vacation Time
Under California vacation law, if you have vacation time saved up that hasn’t been used, and you quit or lose your job, your employer must pay you for your earned and unused vacation time in your final paycheck. Since paid vacation is considered wages, your earned and unused vacation time must be included in your final paycheck. If you quit or lost your job and your employer did not include your earned and unused vacation pay, you can file a vacation wage claim in California.
Joe had a week and ½ of vacation time earned and unused when he was let go. In his final paycheck, Joe’s employer didn’t include Joe’s earned and unused vacation pay. Joe can file a vacation wage claim in California to recover the wages he is owed in vacation pay.