Does my employer have to pay my vacation time ifI get fired?
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Does my employer have to pay my vacation time ifI get fired?
Asked on October 5, 2011 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Vacation pay(or PTO) is not an automatic benefit of employment. An employer can choose to provide such time or not in its discretion. However, to the extent that an employer does provide it, the general rule is that if you leave your job before you have used all your earned vacation time, your employer must pay you for the vacation days that you did not take. Additionally, those days are to be paid at your final rate of pay because the money that you receive for your unused vacation is considered wages. Your employer must include this money with your final paycheck.
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