If I quit before the end of the year, should I get a pro-rated amount of vacation pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I quit before the end of the year, should I get a pro-rated amount of vacation pay?

I live in IN but am moving. I’ll have 3 weeks of vacation coming January.

Asked on November 11, 2010 under Employment Labor Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

Although there is no law (state or federal) that mandates that a private sector employee to be paid vacation time, most employers do give employees such paid time paid (i.e. it is offered as a discretionary benefit).  However, if an employer does decide to offer this benefit, most states do regulate how employers administer vacation time, including whether and how much employees must be paid at termination for accrued but unused vacation.  Accordingly, since accrued vacation pay is considered a form of compensation an employee may be entitled to a pro rata share of his/her accrued vacation at the time of termination.

Note:  If there is a company policy or employmen/uniont contract stipulating that certain conditions must be met before accrued vacation pay will be paid, these conditions must be met in order to receive accrued vacation pay. Vacation policies are generally left to the discretion of the employer.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption