Does Oregon Require Vacation Payout Upon Termination?

By Alice Nichols

Oregon is known for its beautiful scenery, abundant outdoor activities, and progressive policies. However, when it comes to vacation payout upon termination, there may be some confusion. In this article, we will explore whether Oregon requires vacation payout upon termination.

What is Vacation Payout?

Vacation payout refers to the amount of money an employee is entitled to receive when they leave their job and have unused vacation time. The purpose of vacation payout is to compensate employees for the time they earned but did not take off from work.

Oregon Law on Vacation Payout

In Oregon, employers are not required by law to provide vacation time or pay employees for unused vacation time upon termination. This means that if an employee has unused vacation time when they leave their job, their employer is not legally obligated to compensate them for it.

However, if an employer has a written policy or practice of providing paid vacation time to employees, they must follow that policy or practice. This means that if an employer offers paid vacation time as part of their employee benefits package or in an employment contract, they must honor that agreement and pay out any earned but unused vacation time upon termination.

Exceptions

There are a few exceptions to the rule in Oregon. If an employer has a collective bargaining agreement with a union that requires payment of unused vacation time upon termination, then the employer must follow that agreement.

Additionally, if an employer provides paid sick leave that can be used as paid time off (PTO), then any accrued but unused PTO must be paid out upon termination under Oregon’s mandatory sick leave law.

Conclusion

In summary, while Oregon employers are not required by law to provide paid vacation time or pay out unused vacation time upon termination, they must honor any written policy or practice they have established regarding this matter. Employees should review their employment contract or employee handbook to understand their employer’s policies on vacation payout.

It is important for both employers and employees to understand the laws and policies regarding vacation payout in Oregon to avoid any confusion or disputes upon termination.