California PTO payout law & pay rights

Yes. California treats accrued vacation as earned wages that cannot be forfeited. Your employer must pay out all unused accrued PTO when you leave — regardless of the reason for separation. Use-it-or-lose-it policies are prohibited. Earned vacation is wages that vest and cannot be forfeited; use-it-or-lose-it is banned and payout is due at separation.

In California, the deadlines differ based on how your employment ended. If you were terminated by your employer, your final paycheck is due immediately on the day of termination. If you resigned voluntarily, the deadline is within 72 hours if no notice given; immediately if 72+ hours notice was provided. If your employer misses these deadlines, you can file a wage claim with the California Department of Labor.

The current minimum wage in California is $16.50/hr. $20/hr for fast food restaurant employees (AB 1228) Some cities and counties within California may have a higher local minimum wage. Check with the California Department of Labor for the most current rate.

If your employer fails to pay your final wages by the legal deadline, you can file a wage claim with the California labor enforcement agency. You may be entitled to the unpaid wages plus penalties or interest depending on state law. You can also file a civil lawsuit or contact the federal Department of Labor Wage and Hour Division if your employer is covered by federal law. Document all communications and keep records of your hours worked and pay stubs.

In most cases, no. PTO payout rules in California apply primarily to accrued vacation or PTO. Sick leave is typically treated separately — unless your employer has a combined PTO bank or the sick leave has vested as wages under your employment agreement. Check your offer letter and employee handbook for the specific terms of your employer's sick leave policy.