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When an employee leaves a company, is the employee entitled…

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When an employee leaves a...
When an employee leaves a company, is the employee entitled to compensation for his accrued vacation time? If so, what statute can be cited?
Submitted: 8 years ago.Category: Employment Law
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Answered in 3 minutes by:
6/25/2010
Employment Lawyer: Ray, Employment lawyer replied 8 years ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,872
Experience: 30 years in Employment law
Verified
Thanks for your question.Employers policies here control.Here is reference here to Minnesota law..

payment of wages due

A terminated employee's paycheck is to be issued within 24 hours of the employee's demand for wages (see Minnesota Statutes 181.13). If an employee quits, wages are due within the next pay period that is more than five days after quitting. However, wages must be paid within 20 days of separation (see Minnesota Statutes 181.14).

When the discharged or quitting employee was entrusted with money or property during employment, the employer shall have an additional 10 calendar-days after the date of the employee's separation to audit the accounts of the employee before the employee's wages are to be paid.

Payment of benefits

Company policy can determine when any benefits are due, such as vacation, sick leave and severance packages. Benefits are payable within 60 days of when they become due. If owed and not paid by the employer, the employee may file a claim for those benefits in the conciliation court in the county in which the employee worked for the employer (see Minnesota Statutes 181.74)

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Customer reply replied 8 years ago
Thanks but I need to know if an employer is required to compensate the employee for unused vacation time, not wages.
Employment Lawyer: Ray, Employment lawyer replied 8 years ago

Payment of benefits

Company policy can determine when any benefits are due, such as vacation, sick leave and severance packages. Benefits are payable within 60 days of when they become due. If owed and not paid by the employer, the employee may file a claim for those benefits in the conciliation court in the county in which the employee worked for the employer (see Minnesota Statutes 181.74)

 

 

Unless their hr policies indicate they will pay then likely you aren't going to be able to collect.I'm sorry the law just doesn't require them to pay unless their policy does so.Again I'm sorry but the law won't force them to pay you if you terminate before you can use it up.

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