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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19675
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am the process of being RIF'D by my company. I am a

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I am the process of being RIF'D by my company. I am a resident of CT, the division of the company I work for is in FL and the mother corporation is CT based. The company is refusing to pay me for my accrued but unused vacation or sick time on the basis that CT does not require it. Based on my conversation with the state Labor dept, the corp does not have to reimburse for vacation. I accrued 5 weeks per year PTO, the company split that time into 3 weeks vacation and 2 weeks sick time per year. In that I was not sick, I did not take the time, nor was it available to me as vacation time. I feel I should be paid for the accrued sick time. Thoughts?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.


Thank you for the information and your question. Unfortunately, there is no CT (or Florida or Federal law, for that matter) that requires an employer to pay out unused accrued sick leave or vacation leave upon separation of an employee. Some employers do have policies that require them to pay out unused accrued vacation leave upon separation, but that is a matter at the discretion of the employer or subject to contract. It would be highly unusual though for an employer to have a sick leave payment upon termination, as that is generally not something employers provide for in their contracts or policies.

Assuming the Company doesn't have a policy that requires them to pay, they might negotiate a severance agreement upon a RIF. If so, that is voluntary on their part as well, but you could try to negotiate more with your unused leave in mind. But that is merely something to try to negotiate and not a right.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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