EmpleoPregunta 940 de 1605
Under Labor Code §227.3, when an employee is terminated with accrued, unused vacation, the vacation must be paid:
a.As wages at the employee's final rate of pay, at the time of separation
b.At the rate in effect when the vacation was first earned
c.Never, since vacation is a discretionary benefit
d.Only if the employee worked at least five years
Explicación
Labor Code §227.3 requires that upon termination, all vested vacation be paid as wages at the employee's final rate of pay. There is no minimum-tenure requirement to trigger the payout, and it is paid at the final (not original) rate. Because it is treated as final wages, the timing rules of §201/§202 (and potential waiting-time penalties under §203) also apply.
Referencia Legal: Labor Code §227.3Practica las 1605 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)