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Vacation Pay After Termination.

Workers Compensation Law Discussion

Vacation Pay After Termination.

Postby Efren » Thu Nov 24, 2016 10:33 am

Hi I was recently terminated and had yet to use any of my ten vacation days.  I have been there 3 yrs, I have taken my vacation days in Feb when we are off for 2 weeks, and taken the other half in July when we were closed for 2 weeks. I have also taken a few days in Feb in July and used the rest "before" the end of the year.  We do not have a written policy and considering they were "renewed" at the beginning of the year,aren't I entitled to all ten of my vacation days?  When I inquired about it, i received a letter stating that i accrue 0.83 a month therefore they were only paying for 4 days because I was terminated at the end of May.  Is there anything I can do or am entitled to more?  Also if a seminar is made mandatory, shouldn't your employer have to pay you for that time? Esp if it was your day off??  Thank you in advance!
Efren
 
Posts: 45
Joined: Wed Jan 15, 2014 5:01 am

Vacation Pay After Termination.

Postby Ceard » Thu Nov 24, 2016 8:01 pm

If your employer uses an accrual system to award paid time off, the employer is allowed by law to pay out only those hours accrued at the time of termination. Most employers currently do use accrual systems so that employees(active and terminated) are not able to loophole the organization and receive more time than they should. Please note that paid time off is a fringe benefit, and there is no legal regulation that requires an employer to give any vacation time or pay any of it out when an employee leaves the company.

As far as the seminar question...Yes, if you are a non-exempt(hourly) employee of the company and a meeting is made mandatory, the employer is required to pay you for the time. He must compensate for the hours spent at the meeting only, however. He does not have to compensate for any lunch or extended breaks, time spent in a hotel, or time spent traveling(with some exclusions).

Shannon M Reising, MSP, PHR
Ceard
 
Posts: 52
Joined: Fri Jan 03, 2014 7:32 am

Vacation Pay After Termination.

Postby Ergyryad » Fri Nov 25, 2016 3:39 am

Hi I was recently terminated and had yet to use any of my ten vacation days.  I have been there 3 yrs, I have taken my vacation days in Feb when we are off for 2 weeks, and taken the other half in July when we were closed for 2 weeks. I have also taken a few days in Feb in July and used the rest "before" the end of the year.  We do not have a written policy and considering they were "renewed" at the beginning of the year,aren't I entitled to all ten of my vacation days?  When I inquired about it, i received a letter stating that i accrue 0.83 a month therefore they were only paying for 4 days because I was terminated at the end of May.  Is there anything I can do or am entitled to more?  Also if a seminar is made mandatory, shouldn't your employer have to pay you for that time? Esp if it was your day off??  Thank you in advance!
Ergyryad
 
Posts: 35
Joined: Sun Mar 02, 2014 8:34 pm


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