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Answered 2010-08-15 22:35:14

Yes, you are entitled to your vacation pay, but not your sick pay. If you owe vacation time, the amount of money you owe will be taken out of your last paycheck.

Whether to pay unused vacation is the employer's discretion. Paid leave is unregulated.


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Since the employer does not have to pay vacation pay at all then no.BUTIf you were promised holiday pay in writing in your employment contract it is owed and should be paid.

It depends upon the company and their policies. There are not typically any laws regarding whether they have to pay or not.

This depends on what state you are from but generally, if you have a contract that provides paid vacation leave, or have an employment agreement or policy that gives such, then your employer cannot refuse to pay vacation even if you were terminated. In California, if an employer does have an established policy, practice, or agreement to provide paid vacation, upon termination of employment all earned and unused vacation must be paid to the employee at his or her final rate of pay.

I was terminated from my position and my employer has withheld my vacation, holiday and sick time accrued and did not pay me severance pay. I was a top manager who fired people in my organization and I made sure they received these benefita upon termination. Should my employer provide me with the same?

No employer has to pay a terminated employee anywhere.

He must pay you for the hours worked, regardless of who terminated the work realtionship or why. He does not have to pay for any hours not worked. If there is vacation time agreed upon, some states require this to be paid.

Laws may vary from state to state, so check the details in your state of employment to be sure. In California, you are owed your unused and already vested vacation time regardless of whether your quit or are fired, etc. If you are being terminated as part of the sale of the company, then you should still be owed your vacation time.

The laws regarding vacation pay vary depending on the jurisdiction. In some there is nothing to stop them, in others they have to pay for the vacation days.

None. In most cases there is no legal obligation to pay a terminated employee past the last day of work.

does employer ave to pay vacation in texas

It depends on the circumstances. If parental rights are terminated to enable adoption, no. If terminated for reasons such as abuse or abandonment, yes.

You may or may not be compensated depending on the company. Some companies will add your vacation pay to your last check as well. Others have it in their policy that you forfeit that if you are fired.


The situation is a little complicated. Employers are required to abide by their explicit statements of policy regarding vacation pay. That is, if they say in your employment contract or employee handbook that they will pay out accrued vacation, then they have to. If they don't mention it, then they don't have to. If they have historically done so, you could probably argue that that constitutes established policy, even if it's not actually written down anywhere. But the bottom line is as long as they never do it and never say they will, Oklahoma law does not require them to.

Yes. You must pay until the child support order has been terminated by the time set forth in the order, or terminated by the court. Even if the order is terminated you will still owe any arrearages.

No - a employer does not have to pay health insurance.

Yes, "vacation" pay is treated the same as any ordinary income.

Federal law does not regulate vacation pay. Perhaps your state law does.

Florida employers are not obligated to pay vacation time on a fired employee. If you have been fired, you will not likely see any vacation money.

in some states they do have to pay you for vacation days and in some states they don't so it depends really sorry :)

can an employer keep my vacation pay while out on workers comp?

Vacation pay is an income, child support is taken out of income.....

No! Vacation and anytime off is not required by law. That said, if an employer pay out vacation for one employer, by best practice, they should pay out to all employees. If not, it may be considered discrimination.

Whoever the company designates as receiving vacation benefits receives vacation pay, and whoever the company designates as not eligible for vacation benefits does not receive vacation pay. This is entirely up to the company, but must be administered consistently and clearly.

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