Vacation pay being taken back after I quit

UPDATED: Sep 30, 2022

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Vacation pay being taken back after I quit

I am leaving my position this Friday and was told that I owe 32 hours of vacation. I used a total of 73 hours. I had 20 hours that rolled-over from last year and 80 hours that I was given at the beginning of the year 2 weeks. My timecard does show all of the hours as time I can use and not that I am acquiring it throughout the year. Is this right?

Asked on June 13, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you had "borrowed" as-yet unearned days, you'd have to repay the value of the time on quitting. But if you had all the days available, as you state you do, they cannot charge you for using time which you were eligible to use. If they try to debit your pay for this, you could sue them (e.g. in small claims court) for the money; if you can show that you did not use any more hours than you had available, they should have to pay you the money.

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