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California Labor Code Section 202

Legal Research Home > California Laws > Labor Code > California Labor Code Section 202

202.  (a) If an employee not having a written contract for a
definite period quits his or her employment, his or her wages shall
become due and payable not later than 72 hours thereafter, unless the
employee has given 72 hours previous notice of his or her intention
to quit, in which case the employee is entitled to his or her wages
at the time of quitting. Notwithstanding any other provision of law,
an employee who quits without providing a 72-hour notice shall be
entitled to receive payment by mail if he or she so requests and
designates a mailing address. The date of the mailing shall
constitute the date of payment for purposes of the requirement to
provide payment within 72 hours of the notice of quitting.
   (b) Notwithstanding any other provision of law, the state employer
shall be deemed to have made an immediate payment of wages under
this section for any unused or accumulated vacation, annual leave,
holiday leave, sick leave to which the employee is otherwise entitled
due to a disability retirement, or time off to which the employee is
entitled by reason of previous overtime work where compensating time
off was given by the appointing power, provided at least five
workdays prior to his or her final day of employment, the employee
submits a written election to his or her appointing power authorizing
the state employer to tender payment for any or all leave to be
contributed on a pretax basis to the employee's account in a
state-sponsored supplemental retirement plan as described under
Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided
the plan allows those contributions. The contribution shall be
tendered for payment to the employee's 401(k), 403(b), or 457 plan
account no later than 45 days after the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.
   (c) Notwithstanding any other provision of law, when a state
employee quits, retires, or disability retires from his or her
employment with the state, the employee may, at least five workdays
prior to his or her final day of employment, submit a written
election to his or her appointing power authorizing the state
employer to defer into the next calendar year payment of any or all
of the employee's unused or accumulated vacation, annual leave,
holiday leave, sick leave to which the employee is otherwise entitled
due to a disability, retirement, or time off to which the employee
is entitled by reason of previous overtime work where compensating
time off was given by the appointing power. To qualify for the
deferral of payment under this section, only that portion of leave
that extends past the November pay period for state employees shall
be deferred into the next calendar year under this section may do any
of the following:
   (1) Contribute the entire payment to his or her 401(k), 403(b), or
457 plan account.
   (2) Contribute any portion of the deferred payment to his or her
401(k), 403(b), or 457 plan account and receive cash payment for the
remaining noncontributed unused leave.
   (3) Receive a lump-sum payment for all of the deferred unused
leave as described above.
   Payments shall be tendered under this section no later than
February 1 in the year following the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.

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Last modified: March 17, 2014