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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I recently resigned form my job, I had been demoted from a

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I recently resigned form my job, I had been demoted from a salary position to hourly. As stated in our handbook I gave the proper notice to be eligible to receive any up paid vacation time on my final paycheck. As of December I had 32.00 vacation hours, policy states that at the and of the year any unused vacation time gets moved to a PTO bank that you use the same as vacation, from Jan till I left in March a accrued 27.75 hours of vacation time, in March I also used 16 hours of vacation which I got paid for from my PTO bank of vacation time I had as of 12/31/2016. On my final check I was paid the 27.75 vacation hours but was told the other 16.00 hours that rolled at the end of the year, I was not entitled to receive payment for. I feel that since this 16.00 hours was vacation earned last year that no matter what they called it now I should be paid for it. What is your opinion on this?
Thank you
Submitted: 7 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Unfortunately, neither federal law nor your state's law requires pay out of vacation at termination. Federal law is entirely silent on the subject, leaving the matter to state law. Florida's law isn't written, but rather, is court decision based and the court position is that they will follow whatever the company policy states. If the company policy is that they only pay out vacation and not left over vacation that has been rolled into PTO, then the court will enforce only that. While I agree with you that it should be paid out, Florida courts won't make them do it and this is a matter of state law. Your state's legislature needs to take action, because they are very far behind in employee protections. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.