Leave & Time Off
Our handbook says unused vacation is forfeited at year end. Is that enforceable in California?
By the WeERM Editorial Team
No. Earned vacation is a form of wages in California, it vests as you work, and it cannot be forfeited. A "use it or lose it" clause is unenforceable no matter what the handbook says, and the balance must be paid out at the employee's final rate when they leave.
Because vacation is treated as wages rather than a benefit, taking it away is treated as taking back pay that has already been earned. That is what makes the clause unenforceable rather than merely unfair.
What you can do is cap accrual. Once someone reaches the cap they simply stop accruing more until they use some — which achieves the business goal of stopping unlimited banking without ever erasing a balance.
A cap has to be reasonable in relation to the annual grant. A cap set so low that it functionally works as an annual reset invites the same challenge as the clause it replaced.
At separation the balance is paid out at the final rate of pay, not the rate at which it was earned. Long-held balances therefore cost more than they did when they accrued.
Reviewed 2026-08-09 by the WeERM team. Informational only, not legal advice. California rules change; confirm against the current source before acting.