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Employer Benefits and Workplace

What about their accrued vacation or PTO?

Short answer

In California, accrued vacation and PTO are considered wages and cannot be forfeited. The employer must pay out the balance to the estate. Contact HR with a death certificate and ask for the final paycheck and vacation payout. This is California law…

What this usually means

In California, accrued vacation and PTO are considered wages and cannot be forfeited. The employer must pay out the balance to the estate. Contact HR with a death certificate and ask for the final paycheck and vacation payout. This is California law — employers cannot withhold it.

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Related questions

Official starting points

Rules and procedures can change. These official sources are the starting points used to review this topic.

Last reviewed: July 27, 2026 · California guidance unless noted otherwise

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