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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.



No law


Payments agreed to, including unused vacation, must be paid


Unused vacation must be paid if employer policy is to pay


Payment depends on employer contract


Accrued vacation pay must be paid


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


Unused vacation must be paid if employer policy is to pay


Benefits or wage supplements include vacation pay


Unused vacation must be paid if employer policy is to pay


No law


No law


Unused vacation must be paid if employer policy is to pay


Accrued vacation pay must be paid


Accrued vacation pay must be paid

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{ 35 comments… read them below or add one }

Emily July 17, 2019 at 11:36 pm

Does texas have to pay you the vacations that you accumulated after you are terminated


Sri Kone July 16, 2019 at 11:28 pm

I live in Virginia, but work in Washington DC.Can I get the unused, accumulated vacation pay upon termination? Which laws will be applicable to me. is it VA or DC laws?


Rose June 21, 2019 at 9:25 pm

Does Texas employers pay out vacation time and personal time that was accrued before termination.


Kim Fields March 11, 2019 at 2:12 pm

I started work in VA for a restoration company as a estimator. I was salary plus commission employee. I was terminated due to non fit. I was paid hourly wages on the next pay period but told my commission pay wouldn’t be paid for 6 or more months due to finalized job become paid two quarters after completion. Is this the law for VA.


Lynn January 3, 2019 at 6:34 pm

Are front loaded PTO payable at termination? For example: A California employee is granted 20 days of PTO per year. He is terminated in February and has not taken an time off in the year. Is the 20 days prorated or does he get paid for the unused 20 days at time of termination?


Yolanda Williams May 25, 2019 at 1:35 pm

I live in St. Paul, MN and I was terminated from my job on last week. I do have over 30 hours of PTO time. In your pamphlet, it does state that Minnesota does give terminated employees their PTO and paycheck, is this info still valid?


rose July 13, 2018 at 4:29 pm

i took vacation, then upon return, i was terminated. am i entitled to be paid for the days i was on vacation?


Lena Parker June 21, 2018 at 5:00 pm

Hi, do the state of Virginia required to pay Pto if terminated?. Thanks


LaToya Scott May 9, 2018 at 2:17 pm

I was fired due to my tardiness. I have health issues that I was diagnosed with that caused this. Upond being fired I had unused vacation and personal time. I live in Houston Texas and I entitled to that pay back?


Lynette May 7, 2018 at 6:41 pm

I’m worked in Oklahoma and was unruly you
Terminated. During my conference call with the president, director, HR rep, I was told I would be paid for my vacation. This was said firing the conference call as well as a follow up email. The new p&p states it is forfeited. All employees were required to sign the new policy.

My question is the president now comebacks and says I’m not entitled to PTO. I would prior to my receiving my call it would have been discussed amongst them. Not only was this related in hr call but followed up via email.

What are mh options to get paid for this unused time.

Thank you.


Justin kraft April 15, 2018 at 6:23 pm

I was hired in March 2017, and myself and two other employees were laid off due to lack of business. A day before I was laid off they had me sign papers for IRA which would have kicked in the next day on my year anniversary. I was told this employer does this often. One week vacation is paid after one complete year. Am I entitled to accrued vacation time pay out? He currently has an ad looking g for new employees..


Justin kraft April 15, 2018 at 6:24 pm

My state for last post is Illinois


Steven Richardson October 14, 2018 at 9:16 am

one week paid vacation after 1 year….. laid off in tenth month….I live and work in south Carolina….,,, do they have to pay me for vacation on a pro rated basis…… Thank you


Amy January 10, 2018 at 8:41 pm

Live and work in Tennessee. The company has no policy as to if they pay accrued vacation or not. When I picked up my last check tonight I was told “we’ve never paid it before.” My reply was “you’ve never hired anyone smart enough to ask for it” and told them I’d be contacting the board of directors. Do they owe my my vacation? Is accrued sick leave different?


Catherine Jones December 27, 2017 at 3:34 pm

I worked for a Company in Arizona for a Year… Accumulated Several hours of PTO… Never was Given any Documents Pertaining to their Rules or Signed Anything when this Law came into effect last year… I even requested it when I took time off when my Husband passed away. But never got it… Recently I was Fired Because of Accusation with no proof.. Should I seek Legal help for Collecting this PTO? Or Just Let it Go???


Mike December 14, 2017 at 9:30 am

My employer is headquartered in NJ, but I reside and work in Illinois. Are they obligated to pay me my outstanding vacation time if I resign?


Nick December 16, 2017 at 3:11 am

Yes Mike. Since you work in Illinois, I assume you pay Illinois state income taxes on your paid wages, you are entitled to your accrued vacation hours and should be paid accordingly with your last pay check, as your employer is bound by state law. My employer was headquartered in PA and I lived and worked in CA, I was protected (if you want to call it that) under California law.


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?


Nick December 16, 2017 at 3:14 am



Andrew Busciacco January 11, 2017 at 3:21 pm

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


Tom o January 5, 2017 at 9:41 pm


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,



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?


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


gene June 14, 2016 at 1:15 pm



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??


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.


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.


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.


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?


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?


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?


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


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


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.


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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