What is the law regarding vacation pay out and a relocation worker?

UPDATED: Sep 30, 2022

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What is the law regarding vacation pay out and a relocation worker?

I am a highly compensated exempt employee in CA who will be relocating to another state. I want to know do they not have to pay out my vacation since I’m not terminated I’m still employed with the same company same position. I will just be working in another state. They carried over all of my hours. I just want to make sure that they could carry over my accrued vacation time and not pay it out.

Asked on July 21, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, under Texas law (and the law of most states, for that matter), there is no obligation to pay unused vacation out when employment ends, unless there was a written contract or unequivocal written policy to that effect. So as a general matter, there's rarely an obligation to pay out vacation time. 
Second, if you are working for the same company, your employment status has not changed--i.e. it has not ended. You should have the same vacation, subject to the same terms, as you did pre-relocation. In no state does relocation (while working for the same employer) by itself trigger any changes in vacation.

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