Is my employer required to pay out my left over vacation time when I quit my job?

Asked on July 16, 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 the majority of states do not require employers to provide vacation benefits to employees; such benefits are discretionary. However, if an employer does decide to offer vacation pay, most states will enforce the employer’s policy. Your state's department of labor can assist with collecting any earned or accrued vacation pay if your employer fails to pay it out after you quit.

That having been said, your company handbook is the best resource for determining whether or not you are entitled to vacation pay if you quit. Many employers allow workers to cash out accrued vacation hours when employment ends.

Note: When reviewing company policy, you’ll need to distinguish between the type of benefits you’re entitled to. Some companies 0offer several types such as sick pay, vacation pay and/or paid time off (i.e. PTO). If your company lists each type of benefit separately, it may also have different rules about what type of pay you’ll receive if you quit.

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 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.