What is the law regarding vacation pay out and a relocation worker?

I am a highly compensated exempt employee in CA who will be relocating to another state. I want to know do they not have to pay out my vacation since I’m not terminated I’m still employed with the same company same position. I will just be working in another state. They carried over all of my hours. I just want to make sure that they could carry over my accrued vacation time and not pay it out.

Asked on July 21, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, under Texas law (and the law of most states, for that matter), there is no obligation to pay unused vacation out when employment ends, unless there was a written contract or unequivocal written policy to that effect. So as a general matter, there's rarely an obligation to pay out vacation time. 
Second, if you are working for the same company, your employment status has not changed--i.e. it has not ended. You should have the same vacation, subject to the same terms, as you did pre-relocation. In no state does relocation (while working for the same employer) by itself trigger any changes in vacation.


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