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My company wouldn't give me my vacation pay. My question is can they do this?

My company wouldn't give me my vacation pay. My question is can they do this?

Q: Which states require vacation payout upon layoff?

States vary in their requirements regarding vacation payout. Some states, like California, require employers to pay out unused vacation time upon termination, while others may not have such laws. It's important to check your state's specific labor laws or your employer's policies for details.

Q: What happens to PTO when you get laid off?

When you get laid off, the treatment of paid time off (PTO) depends on your employer's policies and state laws. Some states require employers to pay out unused PTO, while others do not. Check your employee handbook or consult your HR department for specifics.

Q: Do I get paid if I'm laid off?

If you're laid off, you are typically entitled to receive your final paycheck, which includes any earned wages up to your last day of work. This may also include accrued vacation pay, depending on your employer's policies and state laws.

Q: When you get laid off do you get vacation pay?

Whether you receive vacation pay after being laid off depends on your employer's policies and the laws of your state. Some states require payment for unused vacation time, while others leave it to the employer's discretion. Review your company's policy for clarity.

Full question:

I was laid off from a Steel Treating Company about 3 months ago. At that time I had asked for my last weeks pay and my 1 week vacation pay that I had scheduled to take in July, I even filled out a request form asking for the vacation pay. I was told from the employer that they were not releasing anyone's vacation pay before the time scheduled, if I wanted it before time I would have to sign a form telling them that I do not want them to call me back to work. My question is can they do this?

Category: Employment
Date: 04/07/2025
State: Ohio

Answer:

An Ohio employer is not required by law to give its employees any vacation, holiday or other paid time off. Therefore, when an employer provides paid vacation, it can establish the rules under which employees receive that benefit. The rules may be stated in a policy or handbook. If not, courts may consider pay documentation and the employer’s past practice to see whether the employer pays unused vacation at the termination of employment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is vacation payout considered severance pay?

No, vacation payout is not considered severance pay. Severance pay is typically compensation offered to employees upon termination, while vacation pay is for accrued paid time off that the employee has earned. Depending on company policy, vacation pay may be paid out upon termination, but it is distinct from severance.