Does my job have to pay me my vacation time?

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Does my job have to pay me my vacation time?

I recently put in my notice and left my job to start a new one. I noticed on my

final paycheck that they didn’t pay me for the vacation time that I had available

to me. When I asked my old boss he told me it was either use it or lose it.

However, I was never given the opportunity to use it since we were in a blackout

period since I received the vacation time. I have been told by my new employer

that they have to pay it out.

Asked on February 11, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the employer had a policy that vacation pay is forfeit on termination, then they do not have to pay you. However, under your state's laws, if they did not have a policy forfeiting vacation pay on termination, then it appears that they do have to pay it out. If they failed to pay it out when they should have, you could contact the state department of labor to file a complaint, or possibly sue (e.g. in small claims court) for the money.

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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