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Resignation & Vacation Time

I work for a company in Florida. I have an employee that quit without giving a two week notice. We are a small company and do not have an employee handbook. Do I have to pay the employee unused vacation time on their last pay check?

There is no law in Florida that requires employers to pay employees their accrued unused vacation time upon separation. However, employers are obligated to adhere to their own established polices or past practices on the matter.

So, if you have a contract (even an implied one) guaranteeing the payout of accrued unused vacation time upon separation or a past practice of paying out such time with previous employees then you must do so with this employee.

It’s worth mentioning that even small employers can benefit from an employee handbook. Written policies/practices establish a common understanding with employees. Informing employees what you expect from them and what they can expect from you cultivates a better employment relationship. In regards to your current situation, you can adopt a policy that prohibits the payout of any unused vacation time or one that imposes provisions on payouts (i.e. resigning employees must give two weeks notice in order for any accrued unused vacation time to be paid out upon separation).


This entry was posted on Thursday, July 13th, 2017 at 9:24 pm and is filed under
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