California · Termination · Updated April 2026

Accrued vacation pays out at separation. No exceptions.

Under Labor Code § 227.3, California treats accrued vacation as wages — earned but deferred. At separation, ALL accrued unused vacation must be paid out as part of the final paycheck. 'Use it or lose it' policies are illegal in California. Reasonable accrual caps are permitted, but accrued time can never be forfeited.

Forfeiture
Illegal
Use-it-or-lose-it
Prohibited
Authority
Cal. Lab. Code § 227.3
Active

Vacation/PTO Payout

Tracks all accrued vacation/PTO as wages. Pays out 100% of accrued unused balance at separation. Enforces accrual caps without allowing forfeiture.

Block use-it-or-lose-it config
Tag accrual as wages on every period
Always running

What the rule does on every accrual and at separation.

The hero card configuration: Block on illegal forfeiture configs, Flag on accrual-as-wages tagging. Here's what each does at runtime.

Block · use-it-or-lose-it not allowed

When configuring a CA vacation policy, the use-it-or-lose-it option is not surfaced. Annual reset policies that forfeit accrued time are blocked. Reasonable caps (where accrual stops at a ceiling) are allowed.

Flag · accrual is wages

Every period, vacation accrual is tagged as wages on the wage statement. The balance is wages already earned, just deferred. This matches § 227.3 treatment.

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The rule, plainly stated

Vacation accrued is vacation owed.

California is one of the strictest states on vacation. Once accrued, it cannot be forfeited. Employers can cap accrual at a reasonable ceiling but cannot make accrued time disappear.

Cal. Labor Code § 227.3: Whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his or her vested vacation time, all vested vacation shall be paid to him or her as wages at his or her final rate in accordance with such contract of employment or employer policy respecting eligibility or time served.

'Vested' means earned

Vacation 'vests' as it is earned — typically per pay period or per hour worked. Once vested, it is property of the employee and cannot be taken back. Different from sick leave, which California explicitly does NOT consider wages and does not pay out.

Use-it-or-lose-it is illegal

Annual policies that say 'use your vacation by Dec 31 or lose it' are illegal in California. The Supreme Court ruled in Suastez v. Plastic Dress-Up Co. (1982) that vacation is wages and cannot be forfeited. Some employers try to disguise these as 'paid time off' instead of 'vacation' — but if the time can be used at the worker's choice (not just for sickness), it's vacation under California law.

On autopilot

Teambridge accrues, caps, and pays out — never forfeits.

California vacation rules are mechanical. Teambridge implements them as a structural rule, not a configurable choice.

01 · Per-period accrual

Vacation tagged as wages.

Each pay period, vacation accrues per the policy (typically hours per hours worked or hours per pay period). The accrual is tagged as wages — already earned, just deferred.

02 · Cap enforcement

Stops accrual at the cap.

When a worker reaches the accrual cap, accrual stops until use brings the balance below the cap. Existing balance never decreases except through use.

03 · Use tracking

Used hours deducted at request time.

When vacation is used, hours deduct from the balance. Manager approval is per company policy (not legally required to approve specific use).

04 · Separation payout

100% of balance at final rate.

At separation, the full accrued balance pays out at the worker's final rate of pay. The payout is included in the final paycheck and tagged as wages on the final wage statement.

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FAQ

People also ask.

Can California employers have use-it-or-lose-it vacation?
No. Under Labor Code § 227.3 and Suastez v. Plastic Dress-Up Co. (1982), accrued vacation is wages and cannot be forfeited. 'Use by year-end or lose it' policies are illegal.
Can employers cap vacation accrual?
Yes — reasonable accrual caps are allowed. Once a worker hits the cap, they stop accruing more until they use some of the existing balance. The DLSE has considered caps of 1.5-2× annual accrual as reasonable. Existing accrued balances are protected; the cap only stops further accrual.
Does PTO have to pay out at termination too?
Yes, if the PTO can be used for any reason at the worker's choice. California treats vacation and 'general PTO' the same way under § 227.3. PTO that's restricted to sick-only does not have to pay out (treated as sick leave).
What rate does vacation pay out at?
At the worker's final rate of pay — usually their last hourly rate or salary equivalent. If the worker's rate increased over time, the higher final rate applies to all accrued vacation, not the rate at the time of accrual.
How does Teambridge handle this?
Vacation accrues per the configured policy (hours per period, etc.) and is tagged as wages on the wage statement. Caps stop further accrual but never forfeit existing balance. At separation, 100% of the balance pays out at the final rate as part of the final paycheck.
What if the worker had a 1-year-then-vest policy?
Vesting schedules are allowed for the FIRST year of employment only. After 1 year, vacation must accrue ratably as it is earned. A blanket '1-year-cliff' that forfeits everything if the worker leaves before 1 year is generally allowed; cliff periods longer than 1 year are problematic.