Illinois Vacation Policy

UPDATED: Sep 30, 2022

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Illinois Vacation Policy

My current company has a ‘use it or lose it’ vacation policy. We use all accrued
vacation at the end of the calendar year.

Let’s say I have 4 weeks of accrued vacation days and put my 2 weeks notice in on
December 9th, making my last day December 23rd. Would my employer have to pay
out the full 4 weeks or would they argue that the only owe me one week as I would
not have time to take the full four weeks before my last day?

Thanks in advance for your advice.

Asked on September 23, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The latter: since there is no way that you could use more than 1 week at that time, they would not need to give you any credit for it. If there's only 1 week left in  the year, there's only time for 1 week of vacation.
More importantly, though, in your state, the employer does *not* have to pay out *any* vacation on termination of employment unless it has specifially promised to do so, such as in an employment agreement; the law does not require vacation pay on termination, so it's purely a matter of whether the employer committed itself to pay it or not. (See, for example, 820 ILCS 115/2).

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 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.

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