发表于 2016-9-13 13:49:11
标 题: Re: 自己辞职，公司不付为用完带薪假是否违法？
肯定违反."earned vacation time is considered wages".
There is no legal requirement in California that an employer provide its
employees with either paid or unpaid vacation time. However, if an employer
does have an established policy, practice, or agreement to provide paid
vacation, then certain restrictions are placed on the employer as to how it
fulfills its obligation to provide vacation pay. Under California law,
earned vacation time is considered wages, and vacation time is earned, or
vests, as labor is performed. For example, if an employee is entitled to two
weeks (10 work days) of vacation per year, after six months of work he or
she will have earned five days of vacation. Vacation pay accrues (adds up)
as it is earned, and cannot be forfeited, even upon termination of
employment, regardless of the reason for the termination. (Suastez v.
Plastic Dress Up (1982) 31 C3d 774) An employer can place a reasonable cap
on vacation benefits that prevents an employee from earning vacation over a
certain amount of hours. (Boothby v. Atlas Mechanical (1992) 6 Cal.App.4th
1595) And, unless otherwise stipulated by a collective bargaining agreement,
upon termination of employment all earned and unused vacation must be paid
to the employee at his or her final rate of pay. Labor Code Section 227.3
The California Legislature, in order to ensure that vacation plans were
fairly and equitably handled, provided that the Labor Commissioner was to "
apply the principles of equity and fairness" in resolving vacation claims.
【 在 Johnson04 (大头) 的大作中提到: 】