Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Whether or not you have to repay the time you took as vacation depends entirely on how your vacation leave program was worded in regards ***** ***** vacation leave accrues. I can't give you an opinion about your specific plan, but if it says something like "two weeks leave accrues after one year of employment" or something similar, then your employer would have a right to ask for repayment, since you took your leave before your one year anniversary. However, if your plan says that you start accruing leave immediately, then whatever you had accrued you would not have to pay back.
If, they withhold this amount from your pay, and you believe the plan is written like the latter example, you can file suit in small claims court for the money you are owed. 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
Thank you for your reply. It is highly unusual for an employer not to have some sort of written vacation leave plan. But, if they don't then the exact language of the verbal agreement of vacation would be the issue if there is a controversy. The same rules, in terms of what was said would apply just as I described in my first response. If the statement was vague then you either have to come to a negotiated agreement or you'll have to file suit if they deduct that amount from your paycheck. What makes that harder is that it can become one person's word against the other. Then the court decides who they believe.
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