If I resigned from a job, am I entitled to my earned vacation time prior to resigning?

UPDATED: Nov 15, 2011

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If I resigned from a job, am I entitled to my earned vacation time prior to resigning?

Asked on November 15, 2011 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no general law answering your question--the issue varies both by state (so you may need to repost your question identifying your state) and also by the employer's policies.

The above said, employers are not required to provide vacation at all as a benefit. Therefore, since it is voluntary, they can put essentially whatever restrictions or limitations on it that they want. Therefore, in the majority of states, it is up to an employer whethe or not employees receive pay out of vacation time when they resign. If you have a contract which addresses this issue, the contract is enforceable; otherwise, it generally depends on your employer's policy, as set out in an employee handbook and/or demonstrated by their past practice (i.e. what have they done in the past when someone resigned?). If the employer has chosen to pay out vacation on resignation, it should do so for you; if their policy has been to not do this, then in most states, they would not have to.

Again, though, you need to check the law of your specific state to be sure.

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 AttorneyPages.com 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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