Employment Law Questions? Ask an Employment Lawyer.
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Am I correct in my understanding that you have a vacation policy that provides two weeks of paid vacation per year? What exactly does the policy say? Does the policy require payment of accrued vacation upon separation of employment? Lastly, what state are you in?
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Thank you for your reply. However, your "no" is a little unclear as I asked multiple questions so I don't know what you were responding to.
Can you please answer each of the following questions:
Am I correct in my understanding that you have a vacation policy that provides two weeks of paid vacation per year?
What exactly does the policy say?
Does the policy require payment of accrued vacation upon separation of employment?
Thank you. I was not asking if there was a policy stating that there is no policy, but rather simply whether there is a written policy governing the terms of how vacation is accrued and paid. It sounds like there was not and that it was entirely verbal.
New Jersey courts have not provided much guidance as to whether an employee is entitled to accrued vacation upon termination of employment, but the general rule is that unless there was a contract or policy that specifically promised such payment that an employee has no legal entitlement to their unused vacation upon separation of employment. The same applies to sick leave. This means, regardless of how much time had been "accrued" based on what you consider the "start date," there would not typically be any obligation to make a payment for unused time. The unused time is lost.
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