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earned vacation prorate

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workhorse

Junior Member
My question concerns Ohio Labor law.

My labor contract reads:

"Employees will earn vacation based upon their longevity and will be eligible to receive vacation on a calender year basis in accordance with the following:

Longevity: After two years Annual vacation: 2 weeks.

If employment is terminated after having been paid vacation not yet earned, the employee will have the unearned vacation pay deducted from his final paycheck."


I resigned two months before my anniversary, but I had already taken (been paid for) all the vacation that I would have earned at that anniversary (As described in the last sentence quoted from the contract.)

For complicated reasons I did not receive a final paycheck (this is in dispute also) so the employer could not deduct this pay.

Now that employer wants that vacation pay returned without giving me credit for the 10 months of the year that I did work there.

In other words, the employer is unwilling to prorate vacation pay according to longevity.

Is this legal?
 


cbg

I'm a Northern Girl
It's not illegal. An employer is not legally obligated to provide paid vacation at all.

But whether it violates your contract is something that can only be determined by an attorney in your state who has read the entire contract.
 

workhorse

Junior Member
vacation prorate

Thank you very much for the reply.

Unfortunately it is of little more use than reading other threads about vacation in Ohio. I have learned that vacation is a fringe benefit, and also how Ohio treats the same. That is why I mentioned Ohio and quoted my contract, which by the way does not say anything else about vacation.

My question, as the title implies, is specific to both my contract and prorating. (Admittedly, my question: "is this legal?" is misleading and should read "can my employer enforce such a debt?")

Should somebody be familiar with prorating of vacation in Ohio, please let me know.

Again, thank you for the reply.
 

cbg

I'm a Northern Girl
You are expecting that there is a law that specifically addresses pro-rating of vacation.

There is not.
 

eerelations

Senior Member
And this should be evident from cbg's first response. If there's no law mandating vacations, then how could there possibly be a law mandating how vacations must be prorated?
 

ecmst12

Senior Member
You have the option of paying them what you think is the fair prorated amount and letting them take you to court if they don't like it. A judge will decide whether you are legally responsible for the full amount. Of course, if you lose there, you'll have to pay their legal fees, so it's up to you if you want to take the risk.
 

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