Does employer owe vacation after I terminate employment.

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Does employer owe vacation after I terminate employment.

Company owed me two weeks vacation.
I quit.

Asked on July 29, 2018 under Employment Labor Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

In OH, whether or not a departing employee is entitled to earned bit unused vacaton (or PTO) depends on what company written policy states. A business can withhold such time if it chooses. If there is no established policy regarding this, then vacation pay is not a gift but rather a deferred payment of an earned benefit. Accordingly, an employer cannot withhold accrued vacation pay. In other words, vacation time is treated the same as hours worked by an employee, both are owed to the worker upon termination of employment.


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