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State laws on vacation pay after termination

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

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

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{ 2 comments… read them below or add one }

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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