Does an employer in SC have to pay out unused vacation to an employee who quit
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an employer in SC have to pay out unused vacation to an employee who quit
As part of an offer to a new hire, two weeks vacation were granted to the
employee to USE between January and December. The new employee quit in 7 months
and wants to paid out the unused vacation.
Asked on June 21, 2019 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Under state law, you are not required to pay out earned but unused vacation time (or PTO). The only way that you could be legallyobligated to do so is if you have a company policy requiring this (or a history of making such payouts wherther or not ii is part of your written policy). Otherwise, you are under no legal obligation to provide such payout for this vacation time.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your state (South Carolina) does not require employers to pay out accrued but unused vacation time when employment ends. Whether you pay it out depends on your company's policy, and it is legal to have a policy of NOT paying out unused vacation when employment terminates.
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 AttorneyPages.com 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.