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Accrued vacation - RAWA Law Group APC

Accrued vacation

Workers' Compensation

What is Workers’ Compensation?
What to do After a Work Injury
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What Are the Common Reasons for denied workers compensation claims?

Although, employer is not legally required to provide its employees with either paid or unpaid vacation time, however, if an employer does have an established policy to provide paid vacation, then there are some restrictions are placed on the employer as to how it fulfills its obligation to provide vacation pay to its employees.

California law considers earned vacation time as wages. Vacation time is earned, and the worker starts to have vested right in the earned vacation, as the worker performed his/her labor.

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Example of how vacation is calculated:

Your employer has a vacation policy to provide its employees 20 days vacation every year which starts at the first year anniversary. You pay rate is $15.00 per hour, and worked full time (40 hours a week). Your employer discharged you after working 18 months, and took only two vacation days during the second year. Your employer’s policy provides that you will earn a proportionate share of your annual vacation entitlement for each week of a calendar year in which you either work at least one full day or receives at least one full days’ pay during such week.

Thus, for example, if an employee is entitled to two weeks (10 work days) annual vacation, and works full-time, eight hours per day, 40 hours per week, in the above example for each week the employee works at least one full day, he or she will earn 1.538 hours of paid vacation, calculated as follows:

20 work days entitlement per year x 8 hours/day = 160 hours vacation entitlement per year
160 hours vacation entitlement per year ÷ 52 weeks per year = 3.076 hours of vacation earned per week
So, after 12 months of working you are not entitled to any vacation
After 18 months of employment you have earned (26 weeks X 3.076 = 80 hours) 10 days of vacation.
After 18 months of employment, and since you took two days vacation, you have 8 days of vacation.
The day your employer discharged you should include in you last paycheck the balance due for your vacation due. (80 hours earned, less 16 hour vacation has been taken 66 hours X 15 your pay rate = $990.00)

By the way your employer immediately has to pay you all your unpaid wages and vacation.

Probationary waiting period: Waiting a certain period of time at the beginning of the employee’s employment where the employee has to wait specific period of time is valid and could be considered as a probationary or introductory period as long as it is not a phony policy.
Part-time and temporary: employer could excludes certain classes of employees, such as part-time, temporary, casual, probationary, etc., such a provision is valid, and the agreement will govern.
Use it or lose it policy: Such policy provision is not legal because it result on forfeiting an earned and vested right to the employee, however placing a cap on vacation pay accrual is allowed. Whereas a use it or lose it policy results in a forfeiture of accrued vacation pay, a cap simply places a limit on the amount of vacation that can accrue; that is, once a certain level or amount of accrued vacation is earned but not taken, no further vacation or vacation pay accrues until the balance falls below the cap.

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Contact RAWA Law Group APC

At Rawa Law Group, we understand the frustration and financial strain of dealing with a denied workers compensation claim and are dedicated to fighting for your rights. Our experienced workers’ compensation lawyers are prepared to take on your case with the determination and expertise required to secure the benefits you deserve. We approach every case with the seriousness it deserves, ensuring we are fully prepared to advocate for your interests. Call us today for a free, confidential consultation and let us help you navigate this challenging time with confidence.

Areas We Serve

All Areas

IF YOU HAVE ENCOUNTERED ANY OF THE FOLLOWING, WORK WITH THE BEST!

All Practice Areas

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
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Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
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Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
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Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
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Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
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Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.
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Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
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Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.
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Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.
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Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
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Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.
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Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
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Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
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Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
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Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.
Learn More

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Fatal Workplace Accidents

Back and Neck Injuries

Medical Benefits Claims

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Denied Workers’ Compensation Claims

Spinal Cord Injuries

Burn Injuries

Workers’ Compensation Appeals

Hearing Loss Claims

Workplace Chemical Exposure

Slip and Falls at Work

Construction Site Injuries

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Workplace Injuries

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
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Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
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Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
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Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
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Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.
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Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.
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Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.
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Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.
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Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.
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Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.
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Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.
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