What am I entitled regarding vacation due when I quit my job?

UPDATED: Oct 1, 2022

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What am I entitled regarding vacation due when I quit my job?

I am quitting my job and have 56 hours of vacation time left. I’ve been there over a year and at 1 year you earn 10 days vacation. The company is telling me that when it comes to seperating from them, that they consider your vacation at a 1/12 accrual. And if I’m over what that accrual would be, that I have to reimburse them. Is this possible? I’ve never had a problem receiving unused vacation before. So, if I had used all 10 days that I earned and then quit last month, I’d owe them 8 days of my earned


Asked on April 11, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Vacation is almost always accrued over time, to stop abuses of the system such as someone showing up for work Jan. 1, taking paid vacation from Jan. 2 to Jan. 11, then quitting Jan. 12, and thus being paid for 11 days when they only worked 1.
If you have used more days than you have accrued at the time your employment ends, you do owe the employer money back for the used, but as-yet unearned, days. Using vacation time you have not earned is essentially a "loan" from the company--a loan paid back as you accrue days over time to cover what you used. If you leave before accruing the necessary days, you owe the cash value.

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