Do I have to pay for accrued vacation days if I’m leaving my job?

UPDATED: Sep 30, 2022

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Do I have to pay for accrued vacation days if I’m leaving my job?

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day is my last day but my HR informed me that I used 8 of 10 vacation days for the whole year. However, since I am leaving in the middle of the year, I need to pay for the 4 accrued vacation days. My employer had never informed me of this policy until today. Is this something

they need to inform before I use my vacation days?

Asked on May 27, 2016 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes: you need to be informed of the policy, or at least have the reasonable opportunity to have been informed (for example: if the policy is in an employee handbook that was given to you or is available online, that is good enough, even if you personally never read it or noticed that policy, because you had the reasonable chance to become aware of the policy). If you did not know of or have a reasonable chance to know of the policy, then they should not be able to, after the fact, impose an obligation on your to repay the time: obligations to pay or repay must be consented to, even if only implicitly, before incurring the obligation. If they insist on making you pay for the time when you were never put on notice (prior to using the time) that this could happen, you could contact the state department of labor to file a complaint, and/or sue the employer (e.g. in small claims court) for any money they withhold from you, such as from your last check.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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