Is an employer required to give you unused paid vacation upon termination, and if so, how long do they have to give it to you?
Like several other states, West Virginia leaves it up to the employer to establish vacation policies, such as whether or not unused vacation will be paid out upon termination.
If the employer’s policy is that unused vacation will be paid at termination, it must be paid in accordance with the state’s final wages regulations. In West Virginia, if an employee is terminated, final wages (including vacation, if this is provided for in the employer’s policy) must be paid within 72 hours. If the employee quits without notice, final wages must be paid on the next regular payday. If the employee gives notice at least one full pay period in advance, then final wages must be paid on the last day of work.
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