LABOR LAW
Gary Hermann, HR Advisor, CalChamber
Reprinted with permission from CalChamber
Does an employer have to pay employees for unused
paid time off?
It depends upon what kind of paid time off it is. Employers may
have policies of paying for time employees use as vacation or
paid time off not tied to any particular event or to cover
absences due to illness.
NO VACATION PAY FORFEITURE
SICK LEAVE
Forfeiture of vacation pay is prohibited because the vacation
pay is given without condition. That prohibition also covers
paid time off not tied to a particular event like a birthday or
anniversary date. Although vacation or paid time off are not
required by law, if an employer establishes a vacation or paid
UNDERUTILIZED BENEFITS
time off policy, there are some mandates. California Labor
Code Section 227.3 provides that at the time of termination, an
employee shall be paid all vested vacation pay at the employee’s
final rate of pay. In the case of Suastez v. Plastic DressUp
Company, the California Supreme Court determined that
vested means that vacation is earned on an accrued basis. Once
so earned, vacation cannot be lost.
Sick leave is different, however. California’s mandatory sick
leave law specifically provides that an employer is not required
to provide compensation to an employee for accrued, unused
paid sick days upon termination, resignation, retirement or
other separation from employment. 䡲
By Hanah Morinaga, Membership and Programs Manager
The question LADS gets asked the
most is “What services do you offer
that makes it worthwhile for me to
renew?”
After being with LADS for four years,
I sometimes take it for granted that you
don’t see the benefits of organized
dentistry every day the way I do. It’s in
every phone call I answer, every email I respond to, and every
conversation I have with CDA and ADA staff. Whereas, you
are mired in patient care and might, at best, use three or four
of your member benefits a year.
There are a lot of services that the tripartite offers that are
completely underutilized. Among 40 plus benefits included
with your membership, I think there are some that stretch
above and beyond traditional member benefits. Do you know
about the cost-saving TDSC Marketplace? Have you ever
used the Peer Review System? If you’re a dental student or
new dentist, were you aware that LADS provides resume
assistance? Can you believe we even do event/on-site child care
for busy parents with young children? We aren’t just another
CE provider.
We, as staff, will take responsibility for not making each and
every benefit more known to the members. We know you get
bombarded with information overload daily. So we want to
make it as easy as possible for you to get you what you need. If
you are at all unsure of whether your question, concern or
problem can be solved by organized dentistry, stop guessing or
referencing your membership benefits. Just ask! With nearly
half a dozen ways to communicate with us, all you need to do is
pick one and say, “Do you help with (fill in the blank)?”
Following is every possible way to get in touch with LADS.
We’re all ears. There’s an array of services waiting to be used
and the only thing keeping you from using them is the method
of contact, so don’t miss out.
Call/Text: (213) 380.7669 | Fax: (213) 380.7672 | Email:
[email protected] | Facebook, Twitter, Instagram:
@ladentalsociety 䡲
Los Angeles Dental Society Explorer