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

State laws on vacation pay after termination

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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

INDIANA

No law

IOWA

Unused vacation must be paid if employer policy is to pay

KANSAS

No law

KENTUCKY

Unused vacation must be paid if employer policy is to pay

LOUISIANA

Unused vacation must be paid if employer policy is to pay

MAINE

Accrued vacation pay must be paid

MARYLAND

Accrued vacation must be paid, if employer has no vacation policy

MASSACHUSETTS

Unused vacation must be paid if promised under oral or written agreement

MICHIGAN

Unused vacation must be paid according to written contract or policy

MINNESOTA

Unused vacation must be paid according to written contract or policy

MISSISSIPPI

No law

MISSOURI

Unused vacation must be paid according to written contract or policy

MONTANA

Accrued vacation pay must be paid

NEBRASKA

Accrued vacation pay must be paid

NEVADA

No law

NEW HAMPSHIRE

Unused vacation must be paid if employer policy is to pay

NEW JERSEY

Unused vacation must be paid if employer policy is to pay

NEW MEXICO

No law

NEW YORK

Unused vacation must be paid if employer policy is to pay

NORTH CAROLINA

Unused vacation must be paid if employer policy is to pay

NORTH DAKOTA

Accrued vacation pay must be paid if employee worked for at least one year

OHIO

Unused vacation must be paid if employer policy is to pay

OKLAHOMA

In general, accrued vacation pay must be paid

OREGON

Unused vacation must be paid if employer policy is to pay

PENNSYLVANIA

Unused vacation must be paid if employer policy is to pay

RHODE ISLAND

Accrued vacation pay must be paid if employee worked for at least one year

SOUTH CAROLINA

Accrued vacation must be paid

SOUTH DAKOTA

No law

TENNESSEE

Unused vacation must be paid if employer policy is to pay

TEXAS

Unused vacation must be paid if employer policy is to pay

UTAH

Unused vacation must be paid if employer policy is to pay

VERMONT

Unused vacation must be paid if employer policy is to pay

VIRGINIA

No law

WASHINGTON

No law

WEST VIRGINIA

Unused vacation must be paid if employer policy is to pay

WISCONSIN

Unused vacation must be paid if employer policy is to pay

WYOMING

No law

{ 8 comments… read them below or add one }

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?

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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

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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

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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?

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