Does Arizona Require Vacation Payout Upon Termination?

By Alice Nichols

If you are an employee in Arizona, you may be wondering whether your employer is required to payout any accrued vacation time upon termination. The answer to this question is not as straightforward as it may seem. Let’s take a closer look at the laws surrounding vacation payout in Arizona.

Arizona Law on Vacation Payout

Unlike some other states, Arizona does not have a law requiring employers to provide vacation time to their employees. However, if an employer chooses to offer paid vacation time, they must follow certain guidelines regarding how that time is earned and when it can be used.

According to Arizona law, employers are allowed to establish their own policies for accruing and using vacation time. This means that an employer can set their own rules for how much vacation time an employee earns each year and how it can be used.

Use-It-or-Lose-It Policies

One common policy that some employers use is a “use-it-or-lose-it” policy. This means that any unused vacation time at the end of the year is forfeited and does not carry over into the next year. If an employee leaves the company before using all of their accrued vacation time, they would not be entitled to any payout for that unused time.

However, there are some restrictions on this type of policy. For example, an employer cannot require employees to use all of their accrued vacation time by a certain date or lose it entirely. Additionally, if an employee is terminated without cause, they may be entitled to payout for any accrued but unused vacation time.

Contractual Agreements

In some cases, an employer may have a contractual agreement with their employees regarding vacation payout upon termination. If this is the case, the terms of the agreement would dictate whether or not payout is required.

Conclusion

In summary, Arizona does not have a law requiring employers to payout accrued vacation time upon termination. However, there are certain restrictions on “use-it-or-lose-it” policies and contractual agreements may also come into play. If you have questions about your rights regarding vacation payout in Arizona, it is recommended that you speak with an employment law attorney for guidance.