State laws on vacation pay after termination — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

State laws on vacation pay after termination

Get PDF file

by on
in Compensation and Benefits,Office Management,Payroll Management

Whether accrued vacation pay is due to an employee upon termination is determined by state law. This chart summarizes state vacation pay laws. Some states have no laws on this issue, which means that company policy should prevail.

 

ALABAMA

No law

ALASKA

Payments agreed to, including unused vacation, must be paid

ARIZONA

Unused vacation must be paid if employer policy is to pay

ARKANSAS

Payment depends on employer contract

CALIFORNIA

Accrued vacation pay must be paid

COLORADO

In accordance with any agreement, accrued vacation pay must be paid

CONNECTICUT

Unused vacation must be paid if employer policy is to pay

DELAWARE

Benefits or wage supplements include vacation pay

DISTRICT OF COLUMBIA

Unused vacation must be paid if employer policy is to pay

FLORIDA

No law

GEORGIA

No law

HAWAII

Unused vacation must be paid if employer policy is to pay

IDAHO

Accrued vacation pay must be paid

ILLINOIS

Accrued vacation pay must be paid

IND...(register to read more)

To read the rest of this article you must first register with your email address.

Email Address:

{ 17 comments… read them below or add one }

Laura May 5, 2017 at 11:59 pm

California employee. Company was bought out and began letting people go. Is the new owner of the company obligated to pay the employees their accrued vacation in their final check?

Reply

Andrew Busciacco January 11, 2017 at 3:21 pm

Idaho does NOT require employers to pay unused Vacation, Sick, PTO upon separation from employment.

Reply

Tom o January 5, 2017 at 9:41 pm

Tim,

I was recently terminated from my position. Luckily I had a contract in place. However I realized that I signed away payment of any accrued vacation upon termination. If the companies policy is to normally payout vacation, would this supercede my contract? The contract is based in New York.

Thank you for your help,

Tom

Reply

Tim December 8, 2016 at 6:03 pm

Hello. I was very uprudtly terminated and then on my last paycheck, the employee “took back” vacation pay that I had been paid for previously.
The reasoning they expressed when i asked, was that i had not “earned” it.
I live in NC, is this legal?

Reply

Laurn Knox July 14, 2016 at 3:17 pm

I was on my job going on two years I was a pants presser well I got took off my job to start pressing shirts I worked on shirts for 2 weeks and I was doing my job my boss harassed me told me I could do better so I felt bad cring and couldnt take no more so I left my 6-16-2016 was my last day my vaction starts 8-21-2016 am I suppose to get my vaction I’m from Chattanooga Tn

Reply

gene June 14, 2016 at 1:15 pm

I WAS LET GO LAST FRIDAY 6/10/16 TOLD THEY WERE GOING IN A DIFFERENT DIRECTION.I SHOULD BE GETTING VACATION PAY FOR FEB, MARCH, APRIL , MAY. THEY STATE THERE POLICY IS YOU HAVE TO WORK FOR THEM ONE YEAR BEFORE YOU START OCCURRING VACATION PAY IS THIS LEGAL?

Reply

Pat May 28, 2016 at 3:17 pm

I would like to know if I am to get my earned vacation pay after termination. I live in the state of Georgia. I was a sales person with a monthly draw and if I did not sell enough to cover my draw then it rolled over to the next month, so considering that when I left this position my draw was negative do they have the right to use my vacation pay towards that draw??

Reply

Gene November 3, 2016 at 1:12 pm

Pat, if this site is right then yes they can, in the state of Georgia they do not have any laws stating that any employee is owed any unused vacation time. Like I said if in fact this site is right then it’s probably a good thing they took it from that time otherwise the money would’ve been taken out of your last check.

Reply

Michele September 11, 2015 at 11:13 am

I was forced to quit due to harassment and working in a hostile workplace. I was named manager of my department ,but received my new business cards which read estimator. I am a salary paid employee and receive commission once a month for a percentage of sales I make. I have been working in this position for 1 yr and 7 months. Should I have received vacation pay when I quit. I work and live in the state of hawaii.

Reply

A hutchins August 4, 2015 at 4:57 pm

Due to being short staffed I was asked to work extra shifts and had put in 88 houra in six days where I was working. The last sixteen hour shift that I worked I went to take my lunch break and I fell asleep. I ended up being gone kike thirty minutes longer than I was supposed to be and my employer terminated me for sleeping. At the time of terminarion I had (and it shows on my check stub that it is available to me)56 hours of vacation time accrued. I had put in for and it was approved that I would begin my vacation 5 days after my termination date. But upon my termination they informed me that it was against company policy to pay me my vacation pay if terminated is this right or do they have to pay me for it.I live in Arkansas.

Reply

Wes Hayes June 4, 2015 at 1:00 pm

I was fired/laid off permanently by my employer in Ohio. Is my former employer obligated to pay me my accrued vacation time?

Reply

Luis May 6, 2015 at 12:16 pm

i worked for a company in new jersey but the main office is in texas am i obligated to my vacation time even though i left on short notice?

Reply

Nate Sunday March 2, 2015 at 2:43 pm

I just left my company with proper notice as well as on good terms. I was just told Maine is not a state that pays out it’s PTO that has been banked, your site as well as many others show differently. Is there a SB# I can use to educate my past employer?

Reply

Business Management Daily editors June 10, 2014 at 1:18 pm

William — In New York, whether an employer must pay for accrued vacation upon termination depends on its own established policy. See: http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#11

Reply

william June 10, 2014 at 12:48 pm

I work for a company for 15 yrs was release this month and they don’t want to pay vacation. which is three weeks or more I live in new York city can you tell me if they are suppose to ay they want a ling to your website

Reply

Shelley August 2, 2013 at 2:24 pm

Your ND statement is incorrect. Available vacation may be withheld if the person separates voluntarily, AND has been employed for less than one year AND gave less than 5 days notice.

It may also be withheld if the use-it-or-lose-it policy is clearly communicated and the employee had ample opportunity to use their vacation time.

Reply

Kenneth February 21, 2013 at 6:20 pm

I have a couple question I’m having a hard time finding. In Illinois are non-profit organizations exempt from these laws? Also the organization I work for changed how our vaction time is accured. Before we got it on our anniversary date. Starting this year it’s earned by how many hours we wirk. My problem is my anniversary was just in Nov, which I got two weeks. But now apparently thats gone. They did give us time from July 1st to now, but that dont make up for what I lost. Am I entitles to be paid for the difference or at least have the difference put back?

Reply

Leave a Comment

Previous post:

Next post: