Cash out vacation time in California – Here’s how to do it

In California, you can “cash out” vacation time when you’re discharged, or possibly while you’re still working.

Once vacation time is accrued, your company owes it to you as a form of wages. Because vacation time is a form of wage, you are entitled to it upon discharge.

While employers can cap how much vacation time you can accumulate, “use it or lose it” policies are forbidden.

In this article, I explain what you need to know about cashing out vacation time in California:

Cashing Out Vacation Pay

If you have vacation time, you can cash it out while on the job or when you leave your job. This is sometimes called a “PTO cash out.” Because vacation time is a form of wage under California state law, you are entitled to receive unused vacation days if you quit. The payout has to come in your final paycheck. Many employers pay out for unused vacation time, or let you cash it in at certain times of the year.

There are 2 times when you can cash out your vacation time:

• at the time of your discharge, resignation, or termination, or
• while still working for the employer (if your employer agrees).

You are entitled to a payout for any unused vacation time when you leave your job.¹ The payment amount has to be at your final rate of pay.² You are entitled to this payout because California treats vacation time as a form of wage.³ Employers are legally required to pay you any wages that you are owed. You are entitled to this payout, regardless of whether you:

• quit,
• resigned,
• got fired, or
• were laid off.

The payout must be included in your final paycheck. This paycheck covers your last pay period, up to the time of termination. The payment has to be made immediately if you were terminated or resigned with at least 72 hours’ notice. If you quit without adequate notice, you generally have to pay within 72 hours. ⁴

If these final wages are not paid promptly, the employer can be liable for a waiting time penalty. This penalty is equal to

• your daily pay for each day that the final wages are late,
• up to 30 days.⁵

If you are subject to a collective bargaining agreement, the agreement typically controls how unused PTO is paid out.

You and your employer can also arrange how to pay out or cash out accrued vacation time while you are still on the job. These arrangements are often outlined in the employment contract. In some workplaces, it is only an option at the end of a calendar year. In other workplaces, it can happen at any time.

Regardless, you are entitled to payment for your accrued vacation time. They are a form of wage that you have earned. Employers are forbidden from taking vacation time back. They also cannot take away vacation time as a punishment for other workplace misconduct. Vacation time in California also does not “expire.” This means that “use it or lose it” vacation policies are forbidden in the state.⁶

If an employer does any of these things, you can file a lawsuit under California’s wage and hour laws to recover your unpaid wages.

If You Quit or Are Fired

If you quit or are fired, you are entitled to a payout that covers any accrued PTO. This includes vacation time. The compensation for accrued PTO must be included in your final wages and paid at your final rate of pay.

The only difference between being fired and quitting is when the final paycheck has to be provided:

• if you were fired or otherwise terminated by your employer, you are entitled to an immediate payment after the termination of employment,
• If you quit or resigned and provided at least 72 hours of notice, you are entitled to an immediate payment, and
• If you quit or resigned without adequate notice, you are entitled to your last paycheck within 72 hours after you leave.⁷

If the employer fails to provide the last paycheck within these timeframes, they can be liable for a waiting time penalty.

When Vacation Days Accrue

California labor laws state that vacation days accrue on a pro-rata basis throughout the year.⁸ This means that, if an employer provides 12 vacation days per year, they do not all accrue at the end of the year. Instead, you are entitled to one every month.

This is often important for calculating how much compensation you are entitled to receive for your accrued vacation time after being discharged.

Vacation Requirements

Employers are not required to provide vacation time under California employment law. While vacation benefits are not mandated by law, many employers in California do offer them. They do this to attract better workers and keep their staff happy and healthy. Many also offer other forms of PTO, such as personal days.

California’s paid sick leave law requires eligible employees to receive paid sick leave.

Capping PTO

Employers are legally permitted to cap the amount of paid time off that you accumulate. This includes the amount of vacation accrual. The only time an employer cannot put accrual caps on PTO is if it would be discriminatory.

Some common limitations that California employers use in a PTO policy are:

• a maximum number of vacation days that you can accrue,⁹
• a minimum advance notice period before using vacation days,
• different PTO plans for managers, full-time workers, and part-time workers, including eligibility limitations,
• restrictions on when PTO can be used, like a “blackout” for especially busy times of the year when all workers need to be on hand, and
• limitations on how many vacation days you can use consecutively.

These limitations can be significant. While California law does not let employers take your vacation time back, like in a “use it or lose it” policy, employers can stop the accrual of vacation pay by capping the amount of leave that you can earn. The employer’s policy for its California vacation accrual rate is usually set out in the employee handbook.

However, some limitations are unfair and will not be enforced by the California Division of Labor Standards Enforcement (DLSE). One of these unfair policies is to mandate that all vacation time be used in the year it was earned.¹⁰ Another unfair policy would be to require you to use any vacation time you could carry over from the prior year of employment before accruing any new vacation time.¹¹

Vacation time is a form of wages.

Frequently Asked Questions

Can my employer refuse to pay out my unused vacation time in California?

Generally, no. California treats earned vacation time as a form of wages. Under Labor Code 227.3, employers must pay employees for all vested and unused vacation when employment ends, whether the employee quits, is fired, or is laid off. An employer generally cannot require employees to forfeit earned vacation time.

Do I lose my vacation time if I quit without giving two weeks’ notice?

Usually not. Even if you resign without giving notice, your employer must generally pay you for all vested and unused vacation time. However, if a written policy provides additional vacation benefits only to employees who give notice, those extra benefits may be treated differently.

Is unused PTO paid out when you leave a job in California?

Often yes, but it depends on the employer’s policy. If PTO includes vacation benefits, the unused balance is generally paid out at separation. However, unused California paid sick leave does not have to be paid out when employment ends.

How is vacation payout calculated in California?

Vacation payout is generally calculated using your final rate of pay. Employers must compensate you for all vested and unused vacation hours remaining in your accrued balance when your employment ends.

What happens to unused vacation time if I am laid off?

Employees who are laid off generally have the same right to vacation payout as employees who resign or are terminated. Any vested and unused vacation time must typically be included in the employee’s final wages.

Can California employers cap vacation accrual?

Yes. California employers may place a reasonable cap on vacation accrual to prevent employees from accumulating unlimited vacation balances. Once an employee reaches the cap, additional vacation does not accrue until some of the existing balance is used.

Does California require employers to provide paid vacation?

No. California law does not require employers to offer paid vacation benefits. However, once an employer chooses to provide vacation time, the earned benefit is protected under California law and generally cannot be forfeited.

Does unused sick leave get paid out when employment ends?

Usually not. Unlike vacation pay, unused California paid sick leave generally does not have to be paid out when an employee leaves a job unless the employer’s policy provides otherwise.

What is the difference between PTO and vacation pay in California?

Vacation pay is generally subject to California’s vacation payout rules. PTO plans often combine vacation and sick leave into a single bank of hours. Whether unused PTO must be paid out depends on the structure of the employer’s policy, but PTO that functions as vacation time is typically treated as earned wages.

Can an employer require employees to use vacation by a certain date?

California generally prohibits “use-it-or-lose-it” vacation policies. However, employers may impose reasonable accrual caps that stop additional vacation from accruing once an employee reaches a specified balance.

What can I do if my employer refuses to pay my unused vacation?

You may be able to file a wage claim with the California Labor Commissioner’s Office or bring a lawsuit to recover unpaid wages. In some situations, employers that willfully fail to pay final wages may also owe waiting-time penalties.

Is unlimited PTO paid out when you leave a job in California?

Not necessarily. California courts have recognized that a properly structured unlimited PTO policy may not create accrued vacation wages that must be paid out upon separation. Whether a payout is required depends on how the employer’s policy operates in practice.

Additional Resources

For more in-depth information, refer to these scholarly articles:

• The effect of paid vacation on health: evidence from Sweden – Journal of Population Economics.
• Vacation Pay: Theory vs. Practice – The CPA Journal.
• Work Hours, Wages, and Vacation Leave – ILR Review.
• Economic Analysis on Attributes of Workers and Method to Take Annual Paid Vacation – Journal of Human Resource and Sustainability Studies.
• Vacation Pay: Theory vs. Practice – Compensation & Benefits Review.