Human Resource Blog

Where HR Professionals Seek Answers

A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR!

Mar31

Vacation Payout upon Termination

We do not accrue vacation nor do we vest vacation throughout the year. With that being said, in which states are we required to pay out vacation upon termination? Which states are we not allowed to enforce the use-it or lose-it policy as stated in our handbook? Which states require that vacation is a form of paid wages?

Every state has different laws regarding vacation time, and they are more complex than we can address in a single question. However, here is a brief overview:

Some states always require that employees be paid for all vacation time at termination. Those states include California, illinois, Louisiana, Maine, Massachusetts, North Carolina, Oregon, Rhode Island, Tennessee, North Dakota and Colorado. The fact that apparently you award vacation rather than accruing it does not change that requirement.

Maryland considers vacation paid wages. Whether or not vacation is payable upon termination is being tried in the state courts at this time. The wisest course is for a Maryland employer to pay vacation at termination.

Other states assume that employees will be paid vacation upon termination, unless the employer has a written policy in place that says otherwise. Those states include Iowa, Indiana, Oklahoma and Wyoming.

New York requires that the employer have a written vacation policy in place, and follow that policy.

Most other states require that the employer honor any written vacation policy. In many states, the Department of Labor will assist an employee in collecting vacation promised under company policy.

When the employer has a written use-it-or-lose-it policy in place before vacation is earned, that is enforcable in almost every state except California. Some websites will tell you that use-it-or-lose-it is not legal, but they mean it is not legal unless the employer has a specific written policy in place.

Vacation is considered earned wages in Maryland, California and several other states.

This list is by no means exhaustive. If you have a query about vacation pay out in a specific state, then post a question specificially mentioning that state.

Tags: , , , , , , , , , , , , , ,

This entry was posted on Wednesday, March 31st, 2010 at 7:54 am and is filed under
Benefits, Human Resources Management.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.

61 Responses to “Vacation Payout upon Termination”

  1. Orange Beach Hotels | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  2. Getting The Best Travel Deals Is Possible | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  3. Hotels in Hawaii – Most Enjoyable Place | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  4. Amsterdam discount hotels deals | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  5. Drew Walters Says:

    We currently have a use-it or lose-it policy in place so does that mean we do not have to pay out any vacation to any state but California? I am confused on your response to this questions because at first it appears that we must pay out to about 17 states, then you made a comment in regards to the use it or lose it policy which states that we only have to pay vacation to California upon termination. Also, Do any other states require us to rollover vacation time like we do for California?

  6. Caitlin Says:

    Hi Drew! See the second response to your question. We only have a small amount of space in comments to respond!~ Caitlin

  7. Drew Walters Says:

    I am confused because i do not see a second response.

  8. sheri Says:

    I was terminated for a company I work for in New Jersey. I live and work for them in Oregon. Am I due any severance or vacation pay? My employer is saying they dont pay this and that they only pay severance to layed off persons.

    I also had several million dollars of confirmed purchase orders that are scheduled to ship after my termination that I should have gotten commissions on. Is there any recourse here?

  9. Caitlin Says:

    Hi Drew! Your comment was posted and answered as an additional question. HTH, and feel free to post more questions if you need more info!~ Caitlin

  10. Caitlin Says:

    Hi sheri! Wish we could offer more encouragement, but we cannot. No employer is required to pay severance to any employee, ever. Normally commissions are not paid to ex-employees. If you are an Oregon employee, the emloyer is required to pay you for unused vacation. Sorry, wish we could help more!~ Caitlin

  11. Pay Less For A Hotel Accommodation | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  12. Cheap Hotels in Venice | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  13. Cheap Hotels in London | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  14. » Vacation Payout upon Termination Human Resource Blog « Mob le Host Says:

    [...] Read more: » Vacation Payout upon Termination Human Resource Blog [...]

  15. Ski Break in France | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  16. Visiting the Hebrides and Deciding Which Stornoway Hotels to Book | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  17. Viva less Vegas | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  18. Cheap and discount hotels in Baltimore | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  19. im59.com » Blog Archive » Lets take a vacation! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  20. im59.com » Blog Archive » Lets take a vacation! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  21. Book Your Next Vacation with an Online Travel Agency | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  22. Getting Rid of Winter Blues: Skiing Season Is Here | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  23. im59.com » Blog Archive » Ad Unit Magic Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  24. Grabbing The Best Hotel Deals | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  25. Are You Looking for the Best Hotel Rates? | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  26. Your Disneyland Hotel Things to Keep in Mind | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  27. Prom Queen: Summer Heat – Episode 2- Forced Entry | Data Entry Employment Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  28. Daegu Hotels: Showcasing the Epitome of Elegance | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  29. Looking For Cheap Brussels Hotels? | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  30. How To Find A Great Hotel Deal | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  31. Preparing to Visit the City of San Francisco | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  32. How To Prepare yourself for Honeymoon | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  33. 600 Chili Recipes For Chili Lovers. | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  34. How to get Cheap Hotels and Accommodation in Hong Kong | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  35. Relive your life in San Francisco and Las Vegas | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  36. How To Lose Weight, Forever! » How To Lose Weight Quickly Blog Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  37. Military Discount Disney Cruises | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  38. An Affordable Family Vacation In A Villa Hotel On Barbados | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  39. How to Get A Private Tour To San Francisco? | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  40. New * High Converting Paid Survey Site! | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  41. Once Upon A Time The Super Heroes (7 of 10) | Its incredible! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  42. Healthy Eating For Kids. 75% Payout. | Cute Kid Contest Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  43. Discover Your Potential. | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  44. The Secret Of Reiki Home Study Course! | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  45. Golf Fitness Challenge-75% Commission-Highest Payout In Golf. | Golf Clubs @ sportshealthandfitness.co.uk Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  46. Hot! Hidden Back Door To Amazon’s $5.5 Billion! Instant Amazon Riches! | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  47. Betting Assassin-Complete Sport Betting Guide. | Hotel discounts Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  48. How To Make Money In BodyBuilding, Fitness And Figure 101! | The Mountain Bike Site Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  49. Once Upon A Time The Super Heroes (3 of 10) | Its incredible! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  50. Once Upon A Time The Super Heroes (9 of 10) | Its incredible! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  51. Once Upon A Time The Super Heroes (2 of 10) | Its incredible! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  52. Once Upon A Time The Super Heroes (5 of 10) | Its incredible! Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  53. The Principles Of Playing Roulette At An Internet Casino Says:

    [...] » Vacation Payout upon Termination Human Resource Blog [...]

  54. Nicholas Milare Says:

    It?s a very good website you have here,

  55. Caitlin Says:

    Thanks Nicholas! Be sure to check out our sister site at http:log.laborlawcenter.com. Cheers!~ Caitlin

  56. Casino Says:

    I agree with what the poster said. Thanks for posting this, bye.

  57. Caitlin Says:

    Thanks Casino!~ Caitlin

  58. Dwight Bignell Says:

    howdy, I apologize with regard to my personal bad language. Concerning your own article, you should examine my personal web site for courses and suggestions.

  59. Caitlin Says:

    Thanks guy!~ Caitlin

  60. Barbie Herring Says:

    Hello can I quote some of the material here in this post if I link back to you?

  61. Caitlin Says:

    Hi Barbie! You are welcome to post a link, but please do not quote more than 3 sentences. Thanks for reading!~Caitlin

Leave a Reply





  • [ Back ]
  • WP-SpamFree by Pole Position Marketing

Home Ask a Question Archives

© 2008 HumanResourceBlog.com, All Rights Reserved