Getting paid for unused vacation time

Employers must tell employees about their policies on vacation, sick leave, personal leave, holidays and hours. They have to tell workers in writing or by publicly posting. If they don't have a published policy, the oral policy (or past practice) may be enforced. 

The rules for paying unused vacation time also depend on the employer's written policy about vacation and/or resigning. The policy may include when a worker forfeits (gives up) the benefit too. 

IF... an employee has earned vacation time
AND... there is no written forfeit policy
THEN... the employer must pay the employee for the accrued vacation.


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Last Reviewed: September 25, 2023