Does My Employer Have to Pay Me My Accrued Vacation if I Quit?

By Michael Ferguson

Are you thinking about quitting your job, but wondering if you’ll get paid for your accrued vacation days? It’s a valid concern that many employees have. In this article, we’ll dive into the legal requirements for employers to pay out accrued vacation time and what factors may affect your payout.

What is Accrued Vacation Time?

Accrued vacation time is the amount of paid time off that an employee has earned but has not yet used. This typically accumulates over time based on the length of employment, company policy, and other factors.

State Laws Regarding Accrued Vacation Time

The laws regarding payment for unused vacation days vary by state. Some states require employers to pay out accrued vacation time when an employee quits or is terminated, while others do not. For example, in California, employers are required to pay out any earned but unused vacation days upon separation of employment.

It’s important to check the laws in your state before making any decisions about quitting your job. You can consult with an employment lawyer or look up the relevant state labor code online.

Company Policy on Payouts

In addition to state laws, many companies have their own policies regarding payouts for accrued vacation time. Some companies may require employees to use all their earned vacation days before leaving the company, while others may allow payment for unused days.

It’s essential to check with your employer’s human resources department or review your employee handbook to understand the specific policies that apply to you.

Exceptions to Payment Requirements

There are some exceptions where an employer may not be required to pay out accrued vacation time upon separation of employment. For example, if an employee was terminated for misconduct or violated company policy, they may not be entitled to a payout.

Similarly, if an employee quits without giving proper notice as required by their contract or company policy, they may forfeit their right to a vacation payout.

Conclusion

In summary, whether your employer is required to pay out accrued vacation time upon quitting depends on the laws in your state and your company’s policies. It’s crucial to review these before making any decisions about leaving your job.

If you have any questions or concerns about your rights regarding accrued vacation time, it’s always best to consult with an employment lawyer who can provide guidance tailored to your specific situation.