If I gave notice but my employer is refusing to pay out pre-approved paid time off, is this legal?

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If I gave notice but my employer is refusing to pay out pre-approved paid time off, is this legal?

Asked on July 9, 2015 under Employment Labor Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is legal. Your employer may treat your resignation as effective immediately--it is not obligated to respect the notice period you wanted--and so would not be obligated to let you take or use pre-approved vacation time which would fall after you gave notice. Furthermore, the law does NOT require employers to pay out vacation days, including ones pre-approved for later use, after termination of employment. Once you give notice, the employer doesn't have to employ you or pay you anything after your notice--some employers may choose to, but that is voluntary on their part. Remember: in this country, unless you have a written employment contract for a definite term or otherwise limiting how/why you may be fired, you are an "employee at will" and your employment (and therefore benefits, like vacation days) may be terminated at any time, for any reason, without prior warning or notice.


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