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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111502
Experience:  20+ Years of Employment Law Experience
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My question is regarding employment. I was on medical leave

Customer Question

Hi. My question is regarding employment. I was on medical leave for 6 weeks. In my 2nd day back I was given the option to resign or be terminated. I was so surprised by this I didn't know what to do. I ended up resigning because I thought it would look better for me. However I didn't realize they wouldn't give me my vacation pay. I had 187 hours of vacation. Do they have to pay me for that?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Ohio law considers vacation pay a deferred payment of an earned benefit, an employer generally cannot withhold accrued vacation pay at the end of employment as long as they do not have a policy stating unused vacation pay would be forfeited. However, if your employer has a clear written policy, set forth in a manual, handbook, or elsewhere, providing that paid vacation time is forfeited on resignation or discharge, an employer may withhold unused vacation pay.
So, if your employer does not have a written vacation policy stating that upon termination unused time would be forfeited, then you would need to file a complaint with the OH Department of Workplace Fairness wage and hour division (http://www.workplacefairness.org/wage-hour-claim-OH) to get your unused time paid.
Customer: replied 3 months ago.
It was a forced resignation. Does that change anything?
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

No, generally a resignation, forced or not, is still a resignation.

Now, if they forced you to resign because you used FMLA and not for any other reason, that is a whole different claim and you could file a discrimination/retaliation claim for that with the US Department of Labor for violating your rights under FMLA as it is unlawful for an employer to retaliate against an employee for using FMLA. That is a separate claim from whether or not you are due your unused vacation time.