Can a company keep your earned vacation pay if they terminate you?
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Can a company keep your earned vacation pay if they terminate you?
I was terminated the day before my vacation was supposed to start. I did not get
paid my vacation hours on my last paycheck and according to corporate I am still
actively employed but they refuse to pay me the hours.
Asked on September 4, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you had already scheduled or requested vacation, they could officially keep you on payroll (even if they don't let you come in) until after the scheduled vacation is over. That would be consistent with you still being "actively employed" but not receiving any lump sum payment for the hours--though in that case, you would receive pay for that time you were "on vacation" at the next payroll.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
In OH, an employee only has the right to be paid their accrued vacation time if there is a company policy (check your company handbook), a union/collective bargaining agreement or employment contract that says workers will be paid accrued vacation time when they leave.
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