Can I let an employee who is out of vacation time use sick leave to take time off for a trip?

Allowing an employee to use paid sick leave (PSL) as a substitute for vacation time could lead to unintended and expensive financial consequences for the employer.

California law draws the distinction between vested and unvested time-off benefits.

A vested benefit is one that belongs to the employee and can’t be taken away, and which must be paid out at the end of the employment relationship. An unvested benefit can be subject to a “use-it-or-lose-it” rule.

California’s Labor Commissioner says a time-off benefit that is “contingent upon the happening of a specific event” is an unvested benefit and does not have to be paid out at