Is employer required to pay for unused vacation?

In Mississippi, are employers required to pay
for unused vacation if you chose to resign?
Does ‘roll over vacation’ differ from vacation
acruded during current calander year?

Asked on March 4, 2017 under Employment Labor Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

In MS, there are that no laws require employers to provide workers with vacation benefits, either paid or unpaid. Accordingly, whether an employer must pay an employee accrued vacation leave upon separation from employment is not legally mandated; therefore they need not pay it if they choose not to. That having been said, an employer would be required to comply with the terms of a valid employment contract or union agreement that contains vacation leave provisions. Also, not paying particilar employees vacation time upon their departure must not constitute any form of legally actionable discrimination (i.e. they pay some workers accrued vacation time but not others due to their race, religion, disability age, etc,).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.