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Attorney & Mediator
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I was discharged from a employer after working for more than

Resolved Question:

I was discharged from a employer after working for more than a year full time without taking a vacation. Am I entitled to ask for my vacation pay even though the employee handbook says that otherwise?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 7 years ago.
There is no federal or state law which requires an employer to pay out vacation. The employer is left at their own discretion to establish their own policy regarding eligibility for this. If the employer has guaranteed vacation time then you can have a claim, otherwise the employer and their policy controls. So you are only entitled to vacation if you qualify for it.


Vacation

In North Carolina, employers are not required to provide employees with vacation benefits,
either paid or unpaid.
NC Dept. of Labor FAQs
. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract.
N.
C. Gen. Stat. § 95-25.2(16).

If an employer establishes a vacation policies, the policy must address:
- How and when vacation is earned so that the employees know the amount of vacation to
which they are entitled;
- Whether or not vacation time may be carried forward from one year to another, and if so, in
what amount;
- When vacation time must be taken;
- When and if vacation pay may be paid in lieu of time off; and
- Under what conditions vacation pay will be forfeited upon discontinuation of employment
for any reason.
NC Admin. Code 13 NCAC 12.0306.




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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 7 years ago.
Should have read Louisiana. The handbook reads as follows: Vacation time is a gift, not to be treated as wages. Vacation pay will not be paid upon separation of employment, whether voluntary or involuntary termination. So with this addtional info, could I please have an answer?
Expert:  Attorney & Mediator replied 7 years ago.
Thank you for the clarification.

Per the statutes, case law and the labor department of your state, accrued vacation is considered earned wages despite what the employer says, so you would have claims to your accrued vacation under these rulings and law. So if the employer is unwilling to hand over your vacation pay, you will need to sue for recover as the labor board of your state does not offer services to collect on your behalf.

An employer cannot refuse to pay accrued or earned vacation to employees upon
separation from employment merely because they were terminated, regardless of the
reason. See
Beard v. Summit Institute of Pulmonary Medicine, 707 So.2d 1233 (La. Sup.
Ct. 1998).


http://www.lasc.org/opinions/97c1784.opn.pdf


http://www.laworks.net/faqs/FAQ_LouisianaLaborLaws.asp#answer_4




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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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