Do I have a right to accrued vacation time.

UPDATED: Oct 1, 2022

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Do I have a right to accrued vacation time.

I live in Ohio.

I was laid off today and offered a half months salary as my severance. I have a form
to sign stating that I am accepting that amount and that I must return equipment for
the offer to be valid.

I have accrued 120 hours of vacation usable on the first of the year. My company has
no hand book which discusses the matter. I have e-mails with my boss acknowledging
last years usage of overtime and my offer letter that states i have 3 weeks. I have no
e-mails stating that they were limiting paid time off or the value of those hours.

The payroll system 3rd party has a employment policies page that states that ADP
will not pay out accrued vacation but our logo/company name isn’t in use anywhere
in/on the document. I’m not sure if that’s meant to protect the 3rd party or if our
company thinks it protects them.

Do I have a right to my accrued vacation time to be paid out?

Asked on January 31, 2018 under Employment Labor Law, Ohio


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

Answered 4 years ago | Contributor

In OH, if an employer does not have a policy pursuant stating that unused vacation time is forfeited, then if a dearting worker has earned but unused vacation time, they are entitled to be paid for that time. However, if the employer has a clear written policy (i.e. as set forth in a company handbook, etc.) that provides paid vacation time is forfeited on resignation or discharge, an employer may withhold unused vacation pay. Since in your case, it appears that written policy may or may not state that such a forfeiture applies to your company, you should consult directly with an employment law attorney in your area. After hearing all of the details of your case and reveiwing the specific documents that you mention, they can best advice you further.

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.

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