Does an employer in SC have to pay out unused vacation to an employee who quit

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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 1 year 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 1 year 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.


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