Is vacation pay still a requirement?
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I was recently terminated from a job of two and half years and accured 88 hours of vacation. Before I was terminated I had used 3 of those hours…is my former employer still required to pay out the rest of my vacation that was accured?
That will depend entirely upon which state you are in. There is no federal law that employers must pay earned but unused vacation upon termination. State law regarding vacation pay varies a lot. In general, employees in
California, Illinois, Louisiana, Maine, Massachusetts, North Carolina, Oregon and a few other states are entitled to vacation pay. If you are in a state that requires payment of vacation upon termination, the employer will be required to pay the remaining 85 hours, even though you have used 3 hours of vacation. Please post a question mentioning your state for a more specific answer.
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October 8th, 2008 at 3:04 pm
Is vacation pay still a requirement for States such as Michigan, Tennessee, Florida, Arizona, Washington and Canada?
October 8th, 2008 at 4:00 pm
Hi Jamie! None of the states that you mention require that employers offer paid vacations to workers. However, if an employer does offer paid vacation to a worker, they must follow any company policy or past practice in paying terminated employees for unused vacation. In some cases this will be collected by the state department of labor. In other cases, the worker may have to take the employer to small claims court, or hire a lawyer.
Of the states you mention, only Tennessee requires that employees be paid for unused vacation upon termination. There is no such law in Michigan, Arizona, Florida or Washington.
I don’t want to be rude, but Canada is not a U.S. state! Many, many Canadians would be offended that you are calling their country that. Canada, of course, as a seperate country,has its own employment laws, just as the U.S. does. We only address questions related to U.S. employment laws and issues, not those in foreign countries. HTH, and thanks for reading the blogs!~Caitlin