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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5623
Experience:  Exclusively practice labor and employment law.
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Can my employer have a policy that states if I voluntarily

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Hi, Can my employer have a policy that states if I voluntarily leave the company and give a two week notice I will be paid up to 3 weeks of my unused vacation time. If I am fired or do not give a two week notice I will not be paid out any vacation.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Sorry, Idaho.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will, full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am actually looking for answer to that same question for several states, Florida, Idaho, Kentucky, Nevada and Pennsylvania. I am finding conflicting information.

Yes, that is legal. Paid vacation is not legally mandated. Rather it is a matter of contract between employer and employee. As such, the employer can add stipulations to the cashing out of vacation upon termination. Further, some states do have laws mandating payout of accrued vacation, but Idaho is not such a state that has passed a law like this; see Illinois for example where all vacation accrued must be paid at termination regardless of cause.

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Customer: replied 4 months ago.
Thank you. I ask because on the website BLR it has that these states, Florida, Idaho, Kentucky, Nevada and Pennsylvania consider vacation wages and since the time has been accrued then the vacation time becomes wages owed. I could however on these states websites that they considered vacation as wages. Since BLR is usually pretty good I wanted to make sure.