If I was laid off from my job, what are my rights to my remaining vacation time?
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If I was laid off from my job, what are my rights to my remaining vacation time?
The company handbook reads: 4.6 Vacation. Paid vacation time granted by the Company is a gratuity and shall not be considered an amount due or a wage. Vacation is a time for you to rest, relax and pursue special interests. The Company provides you with unearned paid vacation as a gift from the Company demonstrating appreciation for your loyalty and continued service. Regular full-time associates are eligible for unearned paid vacation. You are not eligible for unearned paid vacation if you are a part-time or temporary associate. You may use an unearned paid vacation day for sick time or emergency situations, provided you call in.
Asked on January 4, 2016 under Employment Labor Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have no rights to your remaining vacation time. Not only does the law generally not require employers to pay out or otherwise provide compensation to employees for unused vacation time on termination of employment, but the handbook language you quote makes clear that you did not earn, and therefore have any rights to, the time, but rather it is given to you as a gift by your company solely to be used while actually employed.
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