One of our employees has given notice that she is retiring May 31st. What is she intitled to in the state of Florida for vacation pay.
There is no state law requiring that employers pay our accrued and unused vacation upon termination, although some courts have indicated that they may consider vacation to be a part of wages and thus payable at termination, absent an employer policy to the contrary.
Therefore, if your policy does not provide for the payout of vacation upon termination, you do not need to do so. If you do not have a written policy or the policy does not address this issue, it is recommended that you pay out the accrued vacation for this employee, and then establish a clear policy regarding how this will be handled in the future.
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