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Vacation Pay After Being Fired in Wisconsin

If you have accured vacation time coming and you get fired before you can take it, do you still get paid for that time in Wisconsin?

There is no state or federal law that requires Wisconsin employers to pay terminated workers for earned vacation time. Or to give paid or unpaid vacation at all, for that matter.

However, if the employer has a written policy that specifies that employees will be paid for unused vacation upon termination, the Wisconsin Department of Workforce Development will assist the worker in collecting that payment.

The Department of Workforce Development will also assist workers in collecting earned but unused vacation if the employer has an unwritten policy of paying vacation upon termination. Usually, an unwritten policy is in effect when the employer has paid other employees for unused vacation in similar situations.

It’s also important for employees to understand that some employers recognize a difference between “accrued” and “earned” vacation time. Some employers allow workers to accrue vacation time that cannot be used until after the worker’s anniversary date (or in some cases, until after January 1 of the following year.) In those cases, the vacation time is “accrued” but not “earned” – meaning the employee is not yet eligible to use the vacation time. There is no Wisconsin law that requires employers to pay vacation time that is accrued but not earned.

However, in some cases the employer may be required to pay earned vacation time upon termination.

In Wisconsin, employers are not required to give paid vacation to workers. Vacation is strictly a private matter between the employer and the employee, in

Wisconsin. However, the state will enforce any written or unwritten vacation policies.

Here’s a link to the state website info on vacation pay.

This entry was posted on Thursday, April 10th, 2008 at 3:20 pm and is filed under
Benefits, Termination.
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