Can an employer make you pay back used vacation time if you resign employment?

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Can an employer make you pay back used vacation time if you resign employment?

I separated from my job. And they docked my pay for 40 hours even though we accumulate vacation from the previous year. What are my rights?

Asked on May 25, 2017 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on whether you had accrued the vacation for that year yet, before using it; and if not, whether you had been, under your company's policies, allowed to carry it over from prior years (companies may set their own policies in this regard)--and had the hours to carry over. If you had the hours which you used, either from this year or as a legitimate carry over from a prior year or years, they could not dock your pay; if they did in this instance, you could sue them for the pay (such as in small claims court). But if you did not have the hours which you took, then they basically "advanced" you the money and could recapture it by not paying it out (again) on termination of employment.


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