What are my rights to a vacation payout at end of my employment?

I notified my employer that I will be ending my employment with them in 2 weeks. They said they do not have to pay my 2 weeks of accrued vacation time. Do they have to pay it out, or do I loose it?

Asked on August 23, 2016 under Employment Labor Law, Minnesota


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

Answered 4 years ago | Contributor

There is no law in MN mandating that an employer must pay a departing employee their accrued vacation time, however, company policy may provide that such payment is due. That is unless not paying accrued vacation time violates the terms of a union/collective bargaining agreement or employment contract or constitutes some form of legally actionable discrimination/retaliation. Otherwise, a business is free to set the conditions of employment much as it sees fit.

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