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


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,).

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