If I resigned from a job, am I entitled to my earned vacation time prior to resigning?

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If I resigned from a job, am I entitled to my earned vacation time prior to resigning?

Asked on November 15, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no general law answering your question--the issue varies both by state (so you may need to repost your question identifying your state) and also by the employer's policies.

The above said, employers are not required to provide vacation at all as a benefit. Therefore, since it is voluntary, they can put essentially whatever restrictions or limitations on it that they want. Therefore, in the majority of states, it is up to an employer whethe or not employees receive pay out of vacation time when they resign. If you have a contract which addresses this issue, the contract is enforceable; otherwise, it generally depends on your employer's policy, as set out in an employee handbook and/or demonstrated by their past practice (i.e. what have they done in the past when someone resigned?). If the employer has chosen to pay out vacation on resignation, it should do so for you; if their policy has been to not do this, then in most states, they would not have to.

Again, though, you need to check the law of your specific state to be sure.


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