	AllExperts > Employment Law
	Search

About Shirley McAllister, CPP, PHR
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

You are here: Experts > Business > Corporate Law > Employment Law > California Vacation Payout

Employment Law - California Vacation Payout

Expert: Shirley McAllister, CPP, PHR - 10/29/2009

Question
Hi,

I recently quit my job in California. Although our main office in Chicago does not allow for rollover of unused vacation days, the Los Angeles office is compliant with CA law in allowing rollover days from year to year. As of my departure from the company I had 13.5 accrued, unused days to be paid out. Based on my gross salary (80K)I calculated I should be paid out $4,153 gross for those 13.5 days (80,000/52 weeks/5 days = $307.69/day. $307.69*13.5 days = 4,153.85). Is my math off there? They only paid me $3,180 which appears to be based on the salary I have earned YTD (, not my annual salary. This doesn't make sense to me. Had I used the vacation days during my time at the company I would have earned the full salaried rate. I am very perplexed. I emailed the HR people in our Chicago last night asking for how they calculated the vacation payout, but want to make sure I am accurately estimating the gross pay before putting up a fight.

Thank you!!

Also,

Answer
This is how I would calculate it also. The only senerio I can think of is if some of the accrued days were for this year and you did not work the whole year they can prorate for the time you worked and perhaps they did not give you the full year's accrual.

The math for 13.5 days is correct at an 80,000 a year annual salary.

You need to find out if they calculated the days on a different wage amount or if they calculated a different amount of days. In other words where lies the difference and why. Once you find out where the difference lies than you can negotiate with them and see if it can be resolved.

Shirley

Ask a Question