Do I receive my sick and vacation leave upon termination?

UPDATED: Sep 30, 2022

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Do I receive my sick and vacation leave upon termination?

My husband and I live in Nevada and he got fired 2 weeks shy of completing his 9
month probation. He had accumulated 51.44 vacation time and 46.60 sick leave. He
got his last check in the mail today. They took out all the normal deductions,
including full insurances, and zeroed out his leave. Is he entitled to received
all the leave he accumulated?

Asked on August 7, 2017 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, the employer would only have to pay out accrued, but unused, vacation days or sick leave if, and only if, there was a written contract or a firm, unequivocal written policy stating they would. In the absence of a written contract or policy, they are under no obligation to pay your husband.

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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