Is my husband entitled to vacation pay if he quits his job?

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Is my husband entitled to vacation pay if he quits his job?

He gave 3 weeks notice. His employer is fighting paying it out. There is nothing in his policy manual regarding this.

Asked on January 4, 2012 under Employment Labor Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, offering an employee paid vacation time is not legally mandated in any state. So to the extent that it is offered an employer has a great deal of discretion in deciding when, how (and sometimes) if it is paid. The general rule is that it is legal for an employer to have a vacation policy which requires that earned vacation not taken during a specified period be forfeited, as long as that condition is not imposed after the vacation was earned.

The above is subject to anther terms of any existing employment or union agreement and/or if any actionable discrimination plays a factor in this situation.

If you think that husband's rights have been violated, your state's department of labor can be of help or a local employment law attorney.


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