If I resigned from my position and was told that my vacation time would be prorated, however I have already used this time for the year, can they take any of that time used off my final check?

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If I resigned from my position and was told that my vacation time would be prorated, however I have already used this time for the year, can they take any of that time used off my final check?

I just don’t understand how that could possibly be legal.

Asked on August 12, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal. You earn vacation time over time; that said, companies often let you "borrow" time you have not earned yet, but letting you use most or all of your vacation before you have earned it by days/weeks worked. If that is the case--if you were allowed to take time you had not yet earned--the company can recover that money from you. You are not actually out anything: you were paid for days you did not work when you should have been paid. Therefore, you are not really losing anything if they recoup this money.


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