If I recently quit an employer, am I entitled to my vacation pay?

UPDATED: Sep 29, 2022

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If I recently quit an employer, am I entitled to my vacation pay?

I called him Thursday evening informed him I was giving notice (all I said was notice) and worked the full day Friday. Monday morning I walked in gathered my stuff and left. I received my final paycheck with a copy of the vacation policy from the handbook highlighted. All it said is I must give “adequete” notice but does not define this. He refuses to pay my accured vacation time. Do I have any legal grounds to fight this?

Asked on August 16, 2015 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless you had a written employment contract guarantying your right to vacation pay when you leave work, you would not have any legal grounds to fight this decision. The law does not require that employees be paid out for unused vacation days on termination of employment--it is up to employers whether or not to pay it. Employers have the right to *not* pay out vacation days if they choose--and, in fact, the vast majority of employers do not pay vacation when an employee leaves.

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