Vacation pay from a job I just left

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Vacation pay from a job I just left

I recently left a job that gives employees an additional week of vacation in July
to use in the 2nd half of the calendar year.

I left the job on June 14, but the company claims that I will not be paid any
portion of this vacation pay, simply because I was not employed by them as of
July 1.

I feel that this vacation is an accrued benefit and as such, I should receive the
pay for the portion of the week that I had accrued up to the date of my
termination.

Who is right?

Asked on June 24, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The company is right. Employers have considerable discretion in how vacation is accrued. They can have days or weeks at a time accrue at discrete times (e.g. on July 1) in lump sums, rather than having it accrue in smooth fractional increments for each week of work. So it is legal to have the additional week only be available for employees who are employed as of July 1, and since this was their known policy, you had notice of it and can be held to it. 


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