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Ask the Attorney: Unused vacation, FMLA and harassment training compliance

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Nancy Delogu

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in Centerpiece,Employment Law,Human Resources

In this month's Q&A, our expert attorney, Nancy Delogu of Littler Mendelson, the nation’s largest employment law firm, tackles FMLA, unused vacation payout and harassment training compliance.

Upon separation, must we pay employees for their unused vacation time?

Q: “Is an employer required to pay an employee who leaves employment of their own free will the vacation time they have accrued during the year prior to their leaving?” – M., Oklahoma

A: This will depend on the state in which the individual lives, and if state law does not expressly address whether unused accrued vacation is payable at termination, then the question if whether it is due and owing will often turn on any contract or promise you may have made the employee. Increasingly, it seems, states treat a promise of paid time off as accrued wages which are due no later than after termination of employment, so it is important to know what your local law ...(register to read more)

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Karyn Decker March 28, 2019 at 12:56 pm

Does an employee have any recourse when it comes age discrimination when the company has less than 20 employees are less than the state mandates?

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