Illinois Vacation Policy

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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).


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