If I recently put in my 2 weeks notice and am no longer working there, is my former employer required to pay my accumulated vacation days?

Asked on September 19, 2015 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that there are no U.S. laws requiring employers to offer vacation time whether paid or unpaid to its workers. However, once a company establishes a policy, it must be sure it complies with related federal/state laws. In other words, once promised either express or implied, employees are entitled to their vacation time. Further, once an employee accrues such time, the company must pay out the vacation pay when the employment ends.
Specifically, FL's legal definition of wages includes all forms of remuneration for an employee's services, including vacation pay. Therefore, if an employee leaves the payroll, their accrued, unused vacation time must be compensated in accordance with the employer's accrual plan.

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